YN Gaikwad (self) 10 September 2010

criminal case - plea

A person pleaded guilty in a minor offence (negligence) and paid fine. He did so to avoid harrassment from the police and the opposite party, and avoid long procedures in criminal court.

It is almost an year old.

But still the opposite party (the local people) continue to harrass him and threatening to file another cases of civil and criminal nature.

Is there any way he could reopen the previous case? His statment recorded in plea is not in the laguage known to him also his name in the plea is not correct.

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4 Replies

Adesh Kumar Sharma (Senior Associate Lawyer) 10 September 2010

why do u want to reopen the case..........any specific reason????????

YN Gaikwad (self) 10 September 2010

Dear Adv. Aadesh,

I feel there is a good chance that the reopening of the case would bring-out the truth.

the question he is asking is very simple..... whether the procedures followed by judiciary and police are valid and appropriate.

I guess it is for a good cause, isn't it!!!!!

SANJAY GUPTA (Advocate) 11 September 2010

Sorry dear case can not be open in your case as accused person pleads guilty in the instant matter and it is the court to decide whether the language in which plea was taken duly understand by the accused or not , subsequently accused plead guilty and deposited the fine amount. So it clear that accused punished accordingly for his offence.

INDU SHEKHAR (Associate advocate) 12 September 2010

Once a accused person ( under chapter XXI-A Cr.p.c) pleaded guilty in his offence and paid fine under judicial proceeding, concern case could not reopen and your statement not be used for any other purpose.