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Narayana Swamy (security)     29 August 2016

Can i file implead petition ?

Sir,

 

We have filed one private complaint against 4 accused in the district court for obstructing social activities and attacking on religious worship place.The Hon'ble court has taken cognizence of the offence under 153A .The case is near at Trial stage as arguments already over and other side since last six months another person is also doing same offence by attacking on religious place,creating enmity between two communities and obstructed Independence Day celebrations 2016 programme. We have already lodged two complaints in the local police station and copies submitted to commissioner of police and also given one representation to our local MLA. So far police have not taken any action against this person.

 

               So,Please let me know how to include this new person in the existing private complaint as the activities of this person is similiar to the other 4 accused persons? Your help is highly appreciated.

 

Thanks,

K.Narayana Swamy.



Learning

 4 Replies

Bhaskar Pandey (ADVOCATE)     29 August 2016

I. A. May file in civil litigations not in criminal cases.

KS Johal   29 August 2016

My understanding is that the four people that you have a complaint against is a separate case to the new person who is doing a similar things. Obviously your intention is to include this person in the existing case so that it saves money and also saves time and anxiety. This person could have been included at the time when original incident took place and the FIR was lodged provided he was also part and parcel of it. You could make an application to The Honourable Court asking if this person could also be included. but I am 99.9% sure that the honourable Court will not allow this to happen. This is because this is a separate incident to the first incidence and also this defendant may not know the other for defendants. Also the time the date and the place may be different altogether. The solution would be to launch another application in a similar way that you did for the other 4 accused.

Narayana Swamy (security)     30 August 2016

Mr.K.S.Johal,

 

 Yes,my intention is to include this person in the existing case so that it saves money and also saves time and anxiety.This person knows the 4 accused persons pretty well,and residing in the same locality and he is behind the screen and played a key role in utilizing the 4 accused persons to committ offence and finished his work indirectly. As soon as the  4 accused persons stopped doing crimes,then this person started attacking religious worship place directly and now caught.

     So,Can i file a petition before the Hon'ble court to include this person ?If yes,under what section i should file a petition ?now,will my petition is considered by Hon'ble court ? Is witness also required by the Hon'ble court ?If yes,is one witness is enough in this case ?

                         Please help to save time and money.

 

Thanks,

Narayana Swamy

P. Venu (Advocate)     30 August 2016

The cause of action is different. The new person cannot be arraigned a as accused in the ongoing criminal proceedings.


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