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(Guest)

Lower court to session court

I am writing this post on behalf of my uncle who is completely disabled and due to his disability he was unable to attend court in person. Recently he filed IPC 383-389 however judge put a condition that the complainant needs to appear court in person since he is the complainant but in this case complainant is disabled therefore under this circumstances we produced disability certificate issued by medical officer but judge was reluctant to admit the case and he dismissed saying that the case is dismissed since complainant was unable to attend court in person. Now our option is that we have to file this case in sessions court but what if the sessions judge impose such condition again ? Is there any solution to this kind of problem where a disabled person cannot appear court in person to file a case and if there is any way court can make such exception.


P.S. This complaint was already filed previously in police station and inquiry officer did not do anything and that is why we had to move this complaint to lower court but now we are facing this problem.



 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 January 2015

Dear, Tell court to appoint a commissioner to visit the complainant.... Court has the power to appoint such local commissioners and you will have to bear the cost for the same ..... Kapil Chandna Adv 9899011450

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