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Giridhar (student)     17 May 2023

Call under sec 319 crpc

Dear All,

There was a land dispute between my neighbor and us and he filed a false complaint against our family members in 2011 under sec 294 b, 323, 324, 341 and 506 (2). The IO who investigated the case relieved me from the case and filed charge sheet against the rest of the others. I was not having sufficient knowledge in law at the time to quash the FIR against me. The case moved to trial stage and during witness examination in 2017, my neighbor along with PW1 mentioned by name. APP of the state has filed a CRMLP petition to include my name as well in the list of accused. The Magistrate issued summons to me in 2023 for appearing and I have been appearing for the past three hearings. We did file a counter from our side stating that it is false and baseless quoting our civil suit which is pending in the same court. We are waiting for the counter from the state. Now here comes the problem, I got an opportunity to travel abroad for work for 2 years, which I can delay only for 2 to 3 months. Here are my questions 

1. What would be the possible outcome of this CRMLP petition ?

2. If I have been added as list of accused, is there a possibility that I can travel before the case gets closed?

3. Any idea how long it would take for complete disbursal of this case as it is pending for 12 years?

4. Is there a way I can request for a fast track ?

5. Any other suggestions for me ?

Thanks in advance for your answers!

 



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     18 May 2023

1. The outcome or disposal of the cr. m.p. cannot be predicted, you may have to fight it out on the basis of the charges dropped against you by the IO earlier.

2. You have to obtain permission from trial court to travel abroad during the pendency of the criminal case against you.

3. It cannot be predicted.

4. No chance

Dr J C Vashista (Advocate)     19 May 2023

Well analysed, opined and obliged by expert Mr. T Kalaiselvan, which I concur.


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