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arunkumark (law study)     20 April 2013

Delay of hearing in state case under ipc 324/326 and 307 etc

   A state case filed in 2001 came up for hearing in 2010.Initially ipc 324 and next day before granting bail to the accused section 326 added in aug 2001. Now the actual hearing started after 10 yrs and complainant forwarded an aplication through police prosecutor that 326 to be changed to 307 on the ground that griveous nature of the wounds on him and other witnesses( under 256).When the chargshhet was filed only certificate attached says wound size 1cmx2cm on forhead due to hard object. The complainant/victim was dischrged from govt hospital after 2 days but he got himself admitted in a private hospital after a gap of 2 days and remained their for next 4/5 days.That certificate is also attached with the chargesheet.The jmfc court ordered to  keep this application pending to consider it at the final stage.There is a mention of no of  injury certificates of other witneses in this application which the jmfc must have gone through before passing the order on that application.

       Now the charge framing is done in 2011 and the summons were sent to the complainant and other witnesses.Surprisingly the complainnat /victim  himself is avoiding to receive summons on various grounds and delaying the matter further.I must mention the fact that the complainant/victim 's wife who is also a witness in the same case is a practising lawyer and also his uncle notary / lawyer in the same court under their directions everything is happening. 

Since the application under 256 was not taken seriously by the jmfc after going through the documents submitted with chargesheet. the complainant has moved another application saying that the medical certificates are missing from the chargesheet and the direction may be given to IO to get those certificates.Is it possible to accept those documents after a gap of 12 years and what is the reason they were not submited along with the chargesheet.

   I think all this happening to dealy the proceding and mentally harass the accused. The lady advocte is practising in the same court is not coming to depose as witnes also her husband (complainant) is coming to the same court to depose as a witness in another case. The jmfc is aware of all these facts and figure but not taking any stricter action for speedy trial.Is there any other cheaper solution for this other than going to highcourt under crpc 482.The accused is now retired person and can not afford to pay fees of the highcourt. 



 1 Replies

legaljoe68 (member)     03 May 2014

you do one thing go in for quashing of the FIr and chargesheet under section 482. It will not be QUashed that is true .Cite irregualrites and illegalities in the case . get direction from the court .fast trial is your right under article21 of the constitution of india .you have  to face the trial .otherwise seek directions from the High Court if you have money . If you are unemployed take legal aid .

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