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(Guest)

S. 200 CrPC pre -cognence stage que.

Dear Ld. Experts,
 
Brief events:

1. A S. 200 CrPC Complaint Application (by Husband) was filed against Wife as Accused.

2. The said complaint case is at pre-cognence stage (Important thing to remember here).

3. Complainant got Allowed his Witness List summons and a  witness summon from Complaint side Evidence pre -sognenece satge was issued for a witness to come and give his evidences

4. The witness told wife (connivance) that a summon has come to him / her to appear at said ACMM court.

5. Then Wife along with her Counsel approaches ACMM Court where Complaint case is being heard with an Application to DISMISS said Complaint case of complainant at pre -cognence stage itself citing so many irreparable causes / reasons etc.

ACMM Court briefs:

1. The wife's abv. application for dismissal complaint case  gets admitted as her Counsel submits his Vakalatnama on behalf of the Accused.

2. ACMM Court hears both Accused (wife) as well as her Counsel's distorted facts to make up mind for dismissal of complaint case of husband or admit wife's this application.

3. The ACMM Court Order to wife's Applicaiton is as follows:
 
"In the present matter accused has not been summoned as the matter is still at the stage of pre-summoning evidence stage. The present application is pre-mature and not maintainable at this stage. Hence the same is dismissed." 
 
Que. to criminal experts here is:-

1. What could be the future effects of the abv. brief i.e. back door entry of Ld. Counsel of Accused (wife) as well as wife till cognence is taken on husband Complaint Application by ACMM Court ?
 
2. Now since wife's Ld. Counsel has already filed his Vakalatnama pre -cognence stage can Wife's ask for certified copy of the entire complaint case of husband including witness list before even a Cognence summon issued to her ?
 
3. Can she influence evidence (witness) list of husband if she gets entire file copy including witness list as filled and allowed by Complainant ?

4. Can she be allowed Certified Copy of entire file at this pre -cognence stage!
 
4. How to stop her next move pre cognece stage is main concern?

Kindly help?

Rgds,
D. Arun Kumar, New Delhi
DLI1009001
 


Learning

 13 Replies

Anil Agrawal (Retired)     07 November 2009

 S.200 of Cr.PC? It is reproduced below:

200.Examination of complainant. A Magistrate taking cognizance of
 an  offence on complaint shall examine upon oath the  complainant  and
 the  witnesses present, if any,and the substance of  such  examination
 shall be reduced to writing and shall be signed by the complainant and
 the witnesses, an200.Examination of complainant. A Magistrate taking cognizance of
 an  offence on complaint shall examine upon oath the  complainant  and
 the  witnesses present, if any,and the substance of  such  examination
 shall be reduced to writing and shall be signed by the complainant and
 the witnesses, and also by the Magistrate :
 
      Provided  that,  when  the  complaint is  made  in  writing,  the
 Magistrate need not examine the complainant and the witnesses-d also by the Magistrate :
 
      Provided  that,  when  the  complaint is  made  in  writing,  the
 Magistrate need not examine the complainant and the witnesses-200.Examination of complainant. A Magistrate taking cognizance of
 an  offence on complaint shall examine upon oath the  complainant  and
 the  witnesses present, if any,and the substance of  such  examination
 shall be reduced to writing and shall be signed by the complainant and
 the witnesses, and also by the Magistrate :
 
      Provided  that,  when  the  complaint is  made  in  writing,  the
 Magistrate need not examine the complainant and the witnesses- There is some incongruity in Dr. Kumar's facts. How this section comes into play? Does he mean S.200 IPC?  


(Guest)

Dear Sh. Anil ji,

Thank you for re-producing S. 200 CrPC for common consumptions. There is no "incongruity" of my statement (read que.) above !

1. The original Application is made under S. 200 CrPC and on admission stage hearing prayer was to admit it U/s 156 (3) CrPC which was denied and I was asked to remoe bar of
S. 195 CrPC which I removed then and there by further pleading citation relied by me was "Iqbal Singh Marwah & Anr. Vs. Meenakshi marwah 2005 (2) JCC 768."

2. The ACMM Court was satisfied by my removing the Bar of S. 195 CrPC by above submission and citation reliaence and the ACMM Court further directed as below admitting my S. 200 CrPC Complaint Application at admission stage by way of Court Order as briefly reproduced as follows;

"""...when complainant is himself in possession of evidence, to prove his allegations, there is no need for directions to SHO to register the FIR u/s 156 (3) CrPC hence request u/s 156 (3) CrPC is declined. Now come up on dd/mm/yyyy for pre-summoning complaint evidence and submission of list of Witnesses for allowing witness summoning for recording evidences.""

So, Sh, Anil ji the Bar and question raised by your kindlsef  is removed by me and on 2 previous dates out of 12 witnessses 10 have already been examined on Oath by me and all witnesses thus appeared with exhibits are also marked as per Rules.

Hence, my main que. is now eligible for answers from Ld. experts here as per main querry raised questions without getting into further doubts as  raised by your kindself  which is what I feel!

I hope I have been able to reply to the satisfaction of your raised reply to your kindself who has patiencely read over my main first questions :-) 

Regards,
D. Arun Kumar, New Delhi
 

Anil Agrawal (Retired)     07 November 2009

 I admit my incompetence to comprehend the contents of your posting. 

So far as I know, S.200 is for examination of complainant and witnesses, if any, before taking cognizance of complaint and issue of process. What is the offence mentioned in the complaint and what is the section under which the respondent is charged?  Who can be punished under S.200?

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     08 November 2009

We should clearly menion the exact sections and should interprate accordingly. It is a very bad tendancy to make replies without going through the relevant provisions. This leads to not only a bad name to the particular expert but it also lowers down the name and fame f this site.

Ziaul Haque Ansari (Advocate)     08 November 2009

Mr. Kumar please b kind enough to mention the penal sections, the complaint of which is made u/s 200 Cr.P.C.


(Guest)

Dear Sh. Raj Kumar ji,
I have made a note of your suggestions.
Regards


(Guest)

Dear Sh. Ansari ji,
It is under S/ 181 / 182 / 420 / 425 / 465 / 467 / 468 / 471 / 191 and 193 of IPC
Regards
D. Arun Kumar

 

 

Adinath@Avinash Patil (advocate)     09 November 2009

DEAR ARUN KUMAR,

YOUR CASE IS FOR  CHEATING , FORGERY,GIVING FALSE INFORMATION AND FABRICATING FALSE EVIDENCE.

YOU HAVE FILED PVT COMPLAINT AND CASE IS FOR  ORDER ON ISSUING PROCESS,

1] AT THIS STAGE  ACCUSED HAVE NO RIGHT TO TAKE OBJECTION  AND PRAY FOR DISMISSAL OF COMPLAINT. IF ACCUSED APPER SUO-MOTO IN SAID MATTER THEN YOU HAVE STRONG CASE FOR  ISSUE PROCESS COURT WILL ISSUE PROCESS AGAINST ACCUSED.. FUTURE EFFECTS WILL DEPENDS UPON EVIDENCE ON RECORD AND DOCUMENTS/EVIDENCE.

2] AS PER QUERRY REGARDING CERTIFIED COPIES ACCUSED HAVE RIGHT  FOR ASK CERTIFIED COPIES. COURT WILL ALLOW ACCUSED APPLICATION  FOR CERTIFIED COPIES.

3] YOU CAN NOT STOP ACCUSED  MOVE YOU MAY REPLY ACCUSED MOVE.

YOU CAN  TAKE HELP OF RULING-------

SUMMONING ORDER-- PENAL CODE SECTION 420, SUMMONING ORDER .OBJECTIONS AGAINST .HELD-- NOT MAINTAINABLE .

BHOPAL SUGER INDUSTRIES LTD.V/S STATE OF U.P.

2003[1] CRJ 224 [DEL].

Anil Agrawal (Retired)     09 November 2009

 At the admission stage, how accused is present? How does he know that a case is being filed against him. In any case, magistrate does not hear him at admission stage.

Sanjeev Kuchhal (Publishers)     09 November 2009

Accused has no locus to appear before the Magistrate nor had any locus standi to make an application unless and until process was issued. Neither the accused can be heard nor the documents produced by him can be considered by the Magistrate.Application for dismissal made before the learned Magistrate was premature as no process was issued.

Raghav Sood (Lawyer)     13 December 2009

well so far i understand accused cannot be heard at the stage of taking cognizance the LD mAgistrate if finds sufficent grounds to proceed against theaccused and only after the summoning order the accused can beat its drums by way of revision that too not before the Ld Magistrate because there is no provision of recall or review and regarding  "stop" indirectly you cannot and directly she cannot do anything at pre cogniznce stage: catenna of decisions of Hon'ble SC on this point

Anil Agrawal (Retired)     13 December 2009

 Dear Dr.

When summons are issued, all the documents forming part of your complaint will be sent to the accused. Court will not work at your behest and you can't prevent it.

The accused will have her say when she appears in the court in response to the summons and then you will get a copy of her submission.

That is the way courts function. Every party gets what the other party submits.

Who told her and her witness/lawyer that a case had been filed against her and she should move an application for dismissal? It just can't happen.


(Guest)

To all replies;

Thanks for your valuable suggesitons. One of Complainant's witness who was sent summon to appear on behalf of the complainant informed the proposed accused that she (witness) is called as complainant witness to court of Ld. MM. That is how the proposed accused side came to know of the complaint case. Now since it has happened and Ld. MM dismissed proposed accused application but allowed certified copy of entire file so I can't say much other than that I objected not only before Ld. MM but even went to Sessions Court but both places they protected the female (proposed accused) as is the case with Indian Judiciary.

Had I been a proposed accused ina complaint case and appeared pre-maturely immediately Ld. MM would have marked my presence and forced me for statement !

I have even moved an Application to Ld. MM to issue summon to accused as she has shown her precense before the court and is represented by her ld. Counsel. But Ld. MM court says if I can bring an citation then he will issue summon at pre-cognizence stage. I even know that at such stage accused is not required till evidences and witness list are complete and statement of Complainant is recorded and cognizence of the complaint case is taken by the Ld. MM.

So that was it till date and I have no more questions at this stage. Thank you all once again for putting your time behind this questions.

With regards,
D. Arun Kumar, New Delhi

 


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