cpc

dismissed for default - criminal case


Hello advisors,

I am so in need of your suggestions. Please help me out with your correct advices.

I filed a private criminal case against my ex-girl (Accused) at lower court in the year 2013. Offences are IPC 506, 425, 384, 499 and 500.

She was served with summons to appear before the lower court, instead she approached High Court filing a Quash petition stating that my complaint is false. The HC granted her with an order to stay the proceedings and stay for appearance of accused, I was served with a notice by HC to respond to her petition, then I filed a stay vacate petition stating that my complaint is 100% geniune so please not to allow the quash. The matter at HC was pending till 2018, she never appeared before lower court because she had a stay order till 2018. In the same year 2018 her stay order was automatically vacated because of Supreme Court's new ruling, any stay orders of criminal or civil matters should not be exceeded more than 6 months duration. But her Quash has not been allowed yet till present.

Once her stay order was automatically vacated, the lower court started proceedings again in mid year of 2018, but she hasn't been appearing before the lower court for many adjournments, eventually the lower court issused NBW against her. Since she with her whole family moved from one city to another city I had to take time to find out her address in order to execute the NBW but finally I found her current address. Initially the lower court directed NBW to the concerned police to execute but they didn't help me. My lawyer filed a memo for advocate commissioner to execute NBW, and the lower court ordered for it and we paid for the process as well. I took advocate commissioner to the accused place where currently she has been living, the advocate commissioner approached concerned police stations near by her house to get assistance of lady constable and ASI. With the help of them advocate commissoner went to the accused house but she was not available but he spoke to her family members about the consequences if the accused will not appear before the lower court. Her family members said to him that they are going recall NBW in two days. The advocate commissioner returned back to the lower court and submitted his report will all the info explaining about what all happened during his execution time, then the lower court gave us next adjournment date. In the next adjournment date the accused again didn't appear and the magistrate dismissed the complaint for default. Please see below what magistrate wrote on the docket. 

Business : The accused called present. The complainant called present. The counsel for the complainant failing to take appropriate steps to ensure the presence of the accused before and intention drag the matter with insufficient the matter pertaining to year 2013. The matter is coming only for the appear of accused since so many years, in view of the long pendency of the matter and inability of the complaint to ensure the presence of the accused before the court. The complainant is dismissed for default U/s.256 Cr.P.C.
Nature of Disposal : DISMISSED FOR DEFAULT

As a complainant I was appearing before the lower court regularly on every date. I wanted to contest the case still I am and will be willing to contest the case.

The accused was not present on the last date but the magistrate wrote on the docket that the accused was present and complainant was present.

My questions are below for you all to give me suggestions to take further steps to set aside of the lower court's order regarding dismissed for default.

1. How can a criminal case be dismissed for default due to non appearance of accused and when the NBW is still pending?

2. How can the magistrate write on the docket that the accused called present when the accused didn't appear before of the court?

3. How do I reopen the case again?

4. Where I need to approach now for a revision or an appeal? District Court or High Court?

5. What is the time limit if I want to approach District Court or High Court?

6. May I take a legal action against the magistrate for illegal dismissal of my case? what is the procedure? 

7. With this dismissed for default order can the accused go to the HC in order to get her quash allowed?

8. May I get order of setting aside the lower court's decision in order to the continue the case again?

I applied for certified whole case record on the same of dismissal, I am waiting to collect the certified case record in order to prepare for revision or appeal.

 

Please give me your valuable suggestions. Thanking you all.

 

 

 

 

 
Reply   
 
Advocate

Absolutely wrong order of the trial court, for case for appeal against the order. S256 CrPC is for non-appearance of complainant not accused.
 
Reply   
 


Advocate

1. Baseless order.

 

2. File Revisional Petition immediately.

 
Reply   
 
High Court Advocate IPR Attorney and RTI Activist

Revision petition is maintable against such erroneous Order.

 
Reply   
 

Every one, thank you for all your suggestions!!

Still I am waiting for certified documents (Complete case record) to collect from the lower court then I will file for revision or appeal whatever you all suggested. 

If the High Court will give order to continue the case at lower court setting aside lower court order, again if accussed intentionally gives trouble to us not appearing before the lower court, what necessary and strict legal action should be taken in order to have accussed present before the lower court for trial proccedings?

I was cheated by her in the name of love and promise of marriage, what grounds and how evidences should be established in order to file a cheating case against her? because she stated in her cases against me that she never loved me and because of school classmate she spoke to me in a friendly manner then he took advantage of it and proposed for love and marriage, said she denied it and I harrassed her to love me and marry me, these are absolutely false allegations, I have each and proof of love relationship and how we promised each other to marry each other. Lot many said cheating case is not made out again her. I am not intending to marry her now, but just for engaging me in the love and promise of marriage for many years now she said she never loved me so I am thinking of filing a cheating case against her.

Can I file criminal defamation case against her for false allegations regarding love and promise of marriage if cheating case is not made out?

I have tons of emails, chatting, photos and videos. How emails and online chatting record can be admissible as evidence in the court? 

Please gives your advices.

Thanking you all.

 

 

 

 

 

 
Reply   
 

Respected all advisors, I approached the High Court and filed criminal revision petition praying the Hon'ble court to set aside the lower court order and restore the case, but my file was returned because the scrutiny officer said that the revision petition is not maintainable. The scrutiny officer advice me to file for appeal. Again I resumitted criminal appeal petition under same SR. No. The appeal petition has been filed U/s 379 (2) R/w 383 Cr. P. C. Is this provision correct? Please send your valuable suggestions, it would be highly appreciated!!! Thanking you all.
 
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