Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Bk   29 June 2022

Io filed to stop judgement

Dear experts,

my friend is facing 498 case from last 11 years, during evidence and arguments complainant not appeared and all evidences are closed  since multiple summons/proclamations sent to the complainants 1-5 but none attended time given to file arguments but none attended now judge was suppose to pronounce judgement they filed IO, now what will happen to the case, judge will give time or chance to start from begining to file evidence, cross examine all 1-5 evidences followed by arguments or just allow to proceed with arguments and close the case?

 



Learning

 9 Replies

Dr J C Vashista (Advocate)     30 June 2022

What do you mean by the term "Io" stated to have been filed by complainant and used in the post ?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 June 2022

498A IPC-Criminal Complaint Cannot Continue After Settlement Between Parties In Marital Disputes : SC [Read Order] The Supreme Court has held that a criminal complaint made u/s 498A and Dowry Prohibition Act cannot continue if the parties have amicably settled the matter

P. Venu (Advocate)     30 June 2022

Facts, as posted  are unconvincing. How could there be a judgment when the de facto complainant has led evidence?

Bk   01 July 2022

venu Sir, complainant or PP failed to file evidence or bring a single complainant to justify the case and judge clearly mentioned all evidences are closed and cannot be examined then after judge moved to argument stage and gave last chance but even after they failed and on second argument time judge told he will pronounce judgement but on that day complainant sent their lawyer to serve IO to PP. so in this case do judge allow complainant to start taking up evidences and arguments from the beginning again?

Dr J C Vashista (Advocate)     01 July 2022

As observed from profile of the author (Bk) similar hypothetical facts / queries have been posted earlier, some of them are:

Status in hc two wSieeks' time is granted to take steps,

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Bk 2 months ago Labour & Service Law acquitting 498a accused

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Bk 3 years ago 498a -quashed- passport re-issue 

Read more at: https://www.lawyersclubindia.com/forum/display.asp?member_id=551734 

P. Venu (Advocate)     01 July 2022

Obviously, the author is having no real issue. He is attempting to have some fun.

Bk   02 July 2022

not for Sir, complainants none attended or produced evidence hence moved to arguments phase, 4 dates or chances given to file arguments but just days passing, when accused counsel requested to give judgement agreed and on the day judgement suppose to pronounce clmplainant sent her lawyer to give IA to PP

N.K.Assumi (Advocate)     05 July 2022

What do you mean by "IO" :  "now judge was suppose to pronounce judgement they filed IO, now what will happen to the case,"  Please illustrate, as I am interested in the delay proceedings by trial court judges.

Bk   12 July 2022

sorry IA interloculatory application

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