Upgrad LLM

can a.p.p. file an application in highcourt as a respondent


Resp Members , 

A Criminal Misc Application was introduced in High Court for Quashing / set aside order  againstmy F.I.R against applicants for threatning and beating me up, as I was witness in a criminal  case in local court .

I was present before the Hon. Court  as respondent No.2 and prayed for time to engage Advocate and told my story ,in presence of  A.P.P [respondent 1].

Hon.Judge on the same day granted stay till  further final hearing date to Applicants. After one year I engaged an Advocate and filed an Crim.Misc.Appli in   High Court and prayed to grant me early date of hearing or set aside stayin Main Application. and Hon.Judge  directed Registry to to list the original matter in cause list for final hearing at the earliest.

I was waiting for the Registry to grant me date.....Without my Knowledge respondent [1] A.P.P filed an application in High Court  after 8 months as an Applicant  for early date of hearing without serving me any notice.. Three days after this Hon .Judge granted him date in next month.

On this given date Applicants [accused] and respondent[1] A.P.P were present and I was not aware of the whole matter as no notice was served to me.After two consecutive dates by the grace of God I came to know that my case was progressing without me [respondent 2].

Since last 10 to 11 hearing's I have represented my case and submitted all documents and medical certificates.

In this Application [case] Applicants have claimed before Hon Court  on oath that they were out of state and not present at crime scene, but actually  when they were arrested and summoned by police 2 year back,  they have filed their reply that they merely threatened me and did not beat me up.

To my surprise  this fact was not presented before the Hon .Court  by A.P.P. in original Application Application he filed for early date.

I have requested the Hon. Court , wide my Advocate to order A.P.P to  present Police record of applicants filed reply at the time of arrest,of accused [Applicants]   on last proceeding date.

I have never in my life launged a F.I.R other than this , when as a witness I appeared before local court against applicants[accused], the applicants  stopped me on my way to factory and both of them threatened and brutually beat me , I gathered my strength and filed F.I.R.with medical certificate.

Can [ Respondent 1] .A.P.P file an Application for early date ....

I smell something fishy, and not satisfied by the way Respondent [1] A.P.P  is representing in this case, Whom should I call up, or ask for HELP, or where can I launge a complaint against A.P.P. or wait for Hon Judge to pass order................

Plez guide me,......Thanks a lot

 
Reply   
 

I had filed the F.I.R against accused in the year 2012, for stoping me on my way to factory and brutually beating me and threatning me. The accused were arrested and their statement was recorded that they did not beat me on way but just scolded me and were released on bail. The accused after five months filed an Crim.Misc Applictn in High Court pleading for Quashing my F.I.R / stay on local court's proceedings. The court summoned respondent 1 [A.P.P.] and me as respondent no 2 on first hearing date, I was present and explained the matter to Hon .Judge and prayed for time to engage Advocate. Hon.Judge stayed the matter till final hearing.I  filed an application for early date in High court and Hon.judge ordered Registry to issue an early date.As I was waiting for the date, I came to know that A.P.P had filed as Application in  High Court for early date and was granted date after one month,  without my knowledge , without any notice.

 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x