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sureshbabu (ceo)     12 October 2010

a case was dismissed in JM1 COURT FOR NOT ATTENDING

A CASE WAS DISMISSED IN LOWER COURT(JM1) BECAUSE OF NOT ATTENDING (COURT SAYS THAT A NOTICE WAS SERVED BUT IT WAS NOT SERVED TO ME , FINALLY I FOUND MY LAYWER JUNIOR JOIN HANDS WITH THE ACCUSED AND MADE THE CASE DISMISSED) IT WAS HAPPENED 3 YEARS AGO CAN THIS CASE BE RECALLED IN THE SAME COURT ITSELF IF SO PLEASE GIVE DETAILS



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 10 Replies

Guna Shekaran R (LAWYER)     12 October 2010

In this circumstance, your case has been "Dismissed for Default”. With in 30 days you should have re opened the case before same JM 1 Court, by filling a petition with reason for not attending your case. In criminal cases, complainant attendance is MUST. Now also you can try to re open your case by filling an appeal before Sessions Court with copy of order with reasons for condoning the delay.

Sarvesh Kumar Sharma Advocate (Advocacy)     12 October 2010

a rarest of the rare hope may be ..........writ.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     12 October 2010

Three years is a long period for delay to be condoned in criminal cases.

prakash rajpurohit (proffessional)     12 October 2010

i think filling an appeal before Sessions Court with copy of order with strong reasons for condoning the delay.but chance is very poor.
 


(Guest)

File a transfer Petition Criminal in the Supreme Court under Article 115 of the Constitution  stating that the notice was manupilated and give cogent reasons and pray that it be transefrred to another State which by itself might become a cogent reason.


(Guest)

correction; 406 of CRPC

KALYAN SINGH GOSWAMI (ADVOCATE)     13 October 2010

Dear, you have not disclosed the stage and nature of the case' dismissal.JM's court can not restore the case in any eventuality.It is advised that if it has been dismissed in default of appearance at [1] the pre-summoning stage, Criminal Revision may lie for restoration of the case before the Court of Sessions or the High Court [in case it is either types of case i.e. summons or warrant], [2] the post-summoning stage [a] in summons case, Appeal before High Court, and [b]  in warrant case : [i] before framing of charge Criminal Revision may lie for restoration of the case before the Court of Sessions or the High Court, and [ii] after framing of charge, Appeal before High Court.

sureshbabu (ceo)     14 October 2010

I AM COMPLAINTANT FOT THE CHEQUE CASE ,I FILLED TWO CASES AT SAME TIME FOR 3LAKHS AND 50,000, ONLY 3LAKHS GOT DISMISSED BECAUSE OF MY LAYWER , I GOT ARREST WARRANT FOR THE ACCUSED DUE COURSE THE CASE WAS DISMISSED


(Guest)

After your case is dismissed in the High Court file a Special Leave Petition in the Supreme Court. However note that Supreme Court entertains only 2-7% of the SLP. The Supreme Court normally condones delay but dismisses SLPs. After the delay is condoned get the case transferred to un other State by filing a Transfer Petition [Criminal]. High court won't help but it'll help you approach the Supreme Court. This is the "Lawful Process". "Unlawfully move People's court which Government calls Kangaroo courts(naxalite Courts] . They'll be behead the acussed publicly but you may not get the money but it might be satisfaction to you that he got the punishment . Let me make it clear. People don't have faith in the government and the Judiciary any more and taking recourse to better alternate systems of justice delivery as after all WE THE PEOPLE ...blah blah blah gave this Constitution. Now WE THE PEOPLE...Don't Believe in this makeshift Constituion copied from 5 or more countries, which preaches morality more than enforcing moralily.

DR.SANAT KUMAR DASH (Eye Specialist)     29 November 2010

SURESH   BABU,

                                   ALWAYS    BE   FRANK,   SO    THAT   YOU    CAN   GET    RIGHT   ADVICE    FROM   THE    LEARNED   ADVOCATES    IN   THIS   FORUM.

 

 

              

 


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