Please suggest How to file complainant against accused persons who are released on bail and now not appearing before court , till now 6-8 times, with impunity though the complainant/ witness is appearing to depose her evidence?
What would be the befitting procedure to file complaint before same magistrate u/s 229 A of IPC (Punishment for failure by person released on bail or bond to appear in Court).
Should the magistrate entertain such complaint u/s 190 (1) of CrPC?
Does it have any impact of Sec 195 and 340 of CrPC?
For initiating prosecution u/s 229A of IPC; any person having knowledge that someone has committed an offence punishable u/s. 229A of IPC, can set the law in motion by adopting any one of the following two procedures:
1) The complainant approach the police station within whose territory that COURT is situated and get an FIR registered against the accused as the offence u/s 229A of IPC is COGNIZABLE and NON-BAILABLE.
2) The complainant in alternative can u/s. 190(1)(a) of CrPC, file a private complaint.
If one chooses first procedure then it will be little difficult to police machinery to investigate the case because after registering FIR police will be required to visit the spot of offence (the court hall) for preparing spot punchnaama, it will definitely pause the regular work of the court. The presiding officer of the court (Magistrate or Sessions Judge or Special Judge) will the prime witness and their statement will be recorded by a constable which will certainly be embarrassing situation. Secondly no police officer would dare to perform its legal duty without obtaining permission from its higher authority and the court as well.
But if the complaint chooses to file private complaint, then after recording his verification u/s. 200 of CrPC, Magistrate can easily issue process against the accused as the offence i/s. 229A is based on DOCUMENTS (certified copies of main complaint/Chargesheet, surety bond and personal bond, order/roznaama denoting the absentee of accused). Moreover, tje burden of proof is casted upon the accused only.
The offence i/s. 229A of IPC is not included in the group of offences mentioned in sec. 195 or 340 if CrPC. moreover the offence u/s. 229A is COGNIZABLE hence sec. 195 and 340 of CrPC have no impact on the prosecution u/s. 229A.