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mesuggest (prop.)     10 January 2015

Complications in sec. 340 of crpc

The brief of the case is that :- The Opposite Party made contradictory statements at two different stages during judicial proceedings of “Civil Appeal” before District Court. The said civil suit is pending.

Hence, I had filed Crim. M.A. u/s. 340 of CRPC in the end of the year 2012 before that District Court and showed citation of Hon’ble Apex Court that no notice is necessary to the opposite party.

In spite of that, the District Court sent notice to the opposite party.

The opposite party filed their “SAY” in the “Crim. M.A.”

Then I filed “Rejoinder” in “Crim. M.A.”

Then the Opposite party filed “Written Arguments” in  “Crim. M.A.”

Then the Opposite Party again filed “Written notes on Arguments in “Crim. M.A.”

Then I filed “Written Argument” in the “Crim. M.A.” and again brought to the notice of the District Court that at this stage “guilt or innocence” of the opposite party is not decided but prima-facia only a complaint is sanctioned,  if found expedient to do so.

In the meanwhile the “Civil Appeal” was transferred to the Adhoc District Judge-II” but this Crim. M.A. u/s. 340 of CRPC  remained with District Court only

Thereafter the Opposite party made oral argument in “Crim. M.A.”

Thus 02 years passed.

And thereafter the District Court kept the “Crim. M.A.” for  final “Order”.  

But on next date District Court was busy so Order could not be passed.

On next date again the District Court was busy and so adjourned.

In-between, the “Crim. M.A.”  has also been transferred to  the  same “Adhoc  District Judge II”.

Now the “Adhoc  District Judge II” again fixed date of hearing with the Opposite Party.

I now seems endless process ………

Can I approach High Court  or any other remedy ? if yes how ? Or any other remedy ? Suggest.

 



Learning

 4 Replies

dr g balakrishnan (advocate/counsel supreme court)     10 January 2015

Actually criminal law precedes civil action, that you need to bring to the notice of the criminal court...seems the criminal court is not aware of crimes, after all crimes are normally moved by State or by private complaint...if FIRIS FILED police prosecutor argues the matter representing the State, yea you can have your watching advocate during proceedings then watching advocate intervene to help the criminal judicial magistrate, if prosecution fails...try in the next hearing....if also ....adjournments on unreasonable grounds, then you can move   High court under Art 226 r/w 227 for speedy trial...

T. Kalaiselvan, Advocate (Advocate)     14 January 2015

If a matter has been transferred before another court, the presiding officer of that court will certainly like to hear from the parties, this is routine, since the adhoc judge is temporary as the name suggests, your matter may be disposed at the earliest.  Just wait and conduct the trial here itself so that you do not have to waste time, money and energy by moving an application before the high court too.

mesuggest (prop.)     25 January 2015

Sirji,

Your views are substantial.

And I think section 340 (2) of Cr. P. C. may suffice the purposes.

Thanks.

dr g balakrishnan (advocate/counsel supreme court)     25 January 2015

It is a settled law in M.S.Ahglawat vSt of Hrayanana, AIR 2000, SC 168, : 2000 Cr.LJ 388, (SC) made clear by holding ..., it is open to the court before which  the offence was committed to prefer a complaint  for the prosecution of the offender, (as it is vital need that beyond shadow of doubt any crime need to be established else miscarriage is likely... so it is bound to take time sir... no use moving HC or SC for they might dismiss the case without merits pls, causing further loss of time!   


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