Dear Learned Lawyers,
In a crimnal case the accused filed 5 different petitions, U/s 91, 311, 243(2) of CrPC, and court gave time for the prosecution to file counters in all 5 petitions.... prosecution took 3 hearings and not filed counter.....
Then court gave last chance and during that last chance of hearing also prosecution not filed counter....then court written on docket that Counter NILL. Then court gave adjournment, although accused asked to pass orders considering that Counter not filed ....
Questions:
Mere non filing of counter alone is not a ground to allow the petitions. The Court has to pass orders after applying its mind within reasonable time.
Thank you Sir. Now Court written that Counter is NILL... after this also can the prosecution file the counter ....will court permit... does law permit for this? I think may be thinking to understand and then sent order to the concern people in case of petition U/s 91 of CrPC.
The prosecution has still chance to file their counters as the orders have not been passed so far.