Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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arunkumark (law study)     17 July 2010

crpc 216

Criminal case is filed against my client in 2001 under section 326, 504, 506, etc .After a gap of almost 10 years the complainent has filed an application under crpc 216 to alter the charges from 326 to 307.at the time of filling the case it was under section 324 which was altered to 326 after 2 days because of the pressure from the complainent family.The injury to the complainent is on the left side of the head who was heat by iron rod.he was discharged from the govt hospital after 2 days.but he again admitted himself after a gap of 3 days to a private hospital to remain there for 6 days.Now he is complaining about vision loss after a gap of 10 years in his application through pp. i would like to know whether this court small  Jmfc has power to decide this application and whether it maintainble.No medical certificate is produced to support his vision loss.The intial certificate ther is not mention of grievious injury.please advise what reply i should give along with case laws /citations tec,.thanks. 



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 10 Replies


(Guest)

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE MATTER KINDLY NOTE THAT.

1.YOU MAY FILE OBJECTION TO ALTER THE CHARGE.

2.YOU MAY KINDLY SEND DETAILS OF THE COMPLAINT SO THAT DETAILED REPLY CAN BE GIVEN.

3.YOU MAY KINDLY NOTE THAT F.I.R. ONCE FILED CAN NOT BE EXTENDED .IN YOUR CASE THERE IS A LAPSE OF VERY LONG PERIOD AND HENCE YOU CAN FILE STRONG OBJECTIONS TO THE APPLICATION FOR ALTERING /ADDING TO ORIGINAL SECTIONS OF THE COMPLAINT.

4.THERE ARE CITATIONS ON THIS .YOU MAY KINDLY SUBMIT CITATION OF UPKARSING CASE OF SUPREME COURT OF INDIA JUDGEMENT.

IN CASE YOU NEED COPY KINDLY CALL OR SMS OR E.MAIL.WILL HELP YOU.

GOOD LUCK.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

THANKS.

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

adv. rajeev ( rajoo ) (practicing advocate)     17 July 2010

I do agree with Nandakumar Sir, without detials of the case it is not possible to advise clearly.

Ravikant Soni (LAWYER IN JAIPUR)     17 July 2010

First tell me.......what is mention in Injury report?? Is injury shown as grievous in nature or dangerous to life???

1 Like

arunkumark (law study)     18 July 2010

Dear Sir,

    Thank you very much for the early reply and your interest in my case .The government certificate states

1size of the injury clw 1x1x1 cm.Location- left eyebrow laterally stellate shaped. Nature of weapon -iron rod.

2.pain over left arm, no e/o underlying.

3.bleeding from nose likly superficial .no e/o underlying.

date of admission-7 th augest 2001. assault at 9.30 p.m

date of discharge- 10 august 2001 Time not mentioned.

Admitted by wife.Complainent,s statement was taken by I.O when he was fully conscious between 9 p.m and 12. same day i.e 7 th august 2001.

All the witnesses are interested family  members.one of the witness is an advocate who is also relative of the

complainent.other witnesses are forced to give statement cause they are the clients of the relative ( mama) advocate.

and the most intersting part is that accused is brother in law of the complainent who married his sister in1991after running away from there house.That grudge( khunnas) is there.The matter can not be compromised cause the ego of the advocate is hurt.I hope u can understand.Accused,s wife is having very good relations with her all the witnesses  relatives including advocate witness (mama).

So this is the brief story .Please advice .Thank u once again.

Davinder Khurana Ferozpur(Punj (advocate)     18 July 2010

Hello,

   As You told that in the MLR there is no injury which was in the opinon of doctor is dangerous for life. In the absence of this opinion the injuries will not atract 307 of IPC.

On the other hand the JMIC has the jurisdiction to entertain this type of application, but after hearing the consideration on this type of application the Presiding officer thinks that there should be the charge of 307 IPC , He will transfer the trial to Courts of Sessions making the opinion that in this case there be the charge of 319 IPC. But he has not the power of framing the charge of 307 ....

1 Like

arunkumark (law study)     19 July 2010

Shri Sawant Sir,

Please give details about Upkarsigh case of Supreme court ,I tried putting his name on internet but found nothing.Please help as i have to submit my say .

Regards,

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     21 July 2010

losing an eye sight may be considered as one of the injuries enumerated in definition of grevious injury u/s 320 I.P.C.

but the injury must be consequence of the attack. if lose of eye sight is not proved, then you have good case to argue.

even if doctor opined that the injury as grevious it has to be one among the injuries mentioned u/s 320 I.P.C.

i have one supreme court  judgement and few madras high court judgements regarding the same. inform me, if you need.

1 Like

arunkumark (law study)     24 July 2010

Shri Sundaram Sir,

                 Thank u very much for taking interest in my case. hope u have gone through the details mentioned above.The complainant has given application after a gap of almost 10 years saying that his vision is lost due to injury of 2001.There is no medical certificate produced with the application but only a mention of it.he is doing all his activities regularly including a driving and bike riding and also working for a ltd company.the complainant age is around 45 years while the accused my client is 58 years old.Please give ref.cases/ citation in this regard .I will obliged if u reply accordingly.My e-mail.id is anu_lawyer@rediffmail.com

regards

arunkumark (law study)     01 August 2010

           Sombody please help me getting some citation on crpc 216.What are the strong legal points to reject the application made under crpc 216 after a gap of 10 years to alter the charge from 326 to 307.The medical certificate nowhere says or mention about grivious injury.

arunkumark (law study)     06 March 2011

the application for alteration of charges from 326 to 307 is disposed and will be considered at the time of framing of charges under crpc 240.i want to know why it was not rejected totally .please advise.


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