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Avinash Vardhan (Ek Aam Aadmi...)     20 March 2012

Seeking your valuable advice

Resp Seniors/ Members,

One of my Cousin  was acqused by the Proceution in 1998, they  were four friends in group, The section and charges levied against them  IPC 363, now after almost 12 years years the court has again found the file, as some new Judge has taken the charge over. Recently search warrants were issued to them at their residential addresses & even notices were served to their gurantors.

Presently the stage of case is null not evern hearings are started just the attendances are marked in theses many years. My cousin has left the town long back and presently is doing a small job for his family. Even the lawyer not taking much interest as he was our family friend in his struggling days but now he has grown and become Notory too, due to his negligence my Aunty uncle  are facing warrants issues.

Amoung four of them one of the deliguent person has expired four years ago, my cousin has done this mistake because of his bad friend circle, now he is repending for it. I am more concerned about his parents because they are innocent in this entire episode.

I urge to all the seniors to advice us the way to get rid off this matter.

Thanking you all in anticipaction.

Regards

 

 

 



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     20 March 2012

Dear Querist,

This is unprecedented - I don't really understand how could the court lose the file in the first place, are you sure it was that only ? or the charge-sheet was not filed against them all these years ? or they were discharged - but complainant fought and got the order revised. Tell the exact position.

Though there is no limitation period for such offences (henious punishable with more than 3 years imprisonment) and the trial would go on, however you can try going to the High Court to quash these proceedings, as speedy trial is a part of fair trial and human rights of the accused. 

Avinash Vardhan (Ek Aam Aadmi...)     20 March 2012

Resp Sir,

Let me thank you 1st of all to address my query.

Now, see the complainant has never attended the court nor they are bothered of the case as well. As it the only first time that they launced the FIR before 12 years, thenafter they were not concerned at all. As far as the file is concern I wrongly stated, its not that the court lost the file but the hearing didnt took place or I doubt our adv. did not conveyed us.

After the FIR/complain was launced the police arrested the four accused they were remanded too, and kept behind ther bars for a month approx. Presently they are on bail of Rs 5 lacs for which my Uncle's only property paper submitted as gurunttor ( Jamin )

I hope I am clear with my presentation.

Regards

 

Avinash Vardhan (Ek Aam Aadmi...)     20 March 2012

Sir, one more thing would like to add, is that out of four one is expired, one is my cousin, one is who's gurrantor is died, So remaining are 3 now.

 

Thanks awaiting you reply.

Avinash Vardhan (Ek Aam Aadmi...)     21 March 2012

Dear Seniors,

I wonder there are so many views but just one reply.

Pl. do address, I request the entire forum.


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