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H.K.S. Chhaba (Advocate)     21 April 2014

Can victim file application u/s 319 crpc

If prosecution(APP) not willing to file application u/s 319 CrPC can victim/complainant can file the same



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 5 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     21 April 2014

Yes, victim or complainant or even the witness can file such application, but he must have evidence to that effect... you can give details that APP not want to file the application.

Assist to PP. has every right to assist the court as well, in the matter.

1 Like

Mahesh R. Sonawane (Lawyer/Fight for justice)     22 April 2014

Go through the case laws

AIR 2002 SC 2342,

AIR 2000SC3725,

AIR 2006 SC 1892

1 Like

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 April 2014

None of us should promote fradulant means. We experts are lawyers who have been designated as Officers of Court by Hon'ble Apex Court so none of the querist should expect such advice from either of us. I do appreciate expert Sudhir and other experts who have strongly insisted for the legal ethics. 

 

Law should be obeyed by every citizen for the running of a smooth society and Nation.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     26 April 2014

None of us should promote fradulant means. We experts are lawyers who have been designated as Officers of Court by Hon'ble Apex Court so none of the querist should expect such advice from either of us. I do appreciate expert Sudhir and other experts who have strongly insisted for the legal ethics. 

 

Law should be obeyed by every citizen for the running of a smooth society and Nation.

Shamsher (DM)     03 October 2014

We 7 people have filed a criminal complaint against the directors/officers of Public Ltd company who are builders not handing over possession of dwelling units. They do not have licnse in their name nor are the owners of the land.

They have executed development rights agreement/MOU with Pvt Ltd. company on a 100 rupees stamp paper. Which is again against law we hope.

The Accused are summoned by JMIC, Faridabad after cross examination of officials from the Town and Country Planning Govt Depts who have given written statements brfore JMIC, faridabad that the activity is illegal.

However, the builder has filed a revision petition in the sessions court that the sumoning be set aside as the charges are not maintainable. Major ground is that the Company has not been made a party.

Its been 1 and 1/2 year since we have filed the complaint. and at this stage we have come to know the above fact.

REquest you to put some light on the matter and let us know if the company be summoned u/s 319of crpc.

what are the remedies.

Thanks and Regards


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