What procedure to follow against order of magistrate closing of complainant evidence

Go for appeal to higher court.

 

Dear Seniors do inform if Criminal Appeal then under which section can the Criminal Appeal be filed ... rgds

You have not disclosed whether the magistrate has closed the evidence on the statment of prosecution or defence, however, no magistrate can close evidence at his/her own accord. If it is done so, move in revision.

Consult a local lawyer for proper appreciation of facts of the case, which either you are not clear or concealing.

As U have already engaged a lawyer in the lower court,U have to act according to his intelligence and wisdom.He may not pay heed or accept  our suggestions,hence better discuss with him the future course of action.I sail with the views of the above legal experts.

What do you mean by "magistrate closing of complainant evidence " ? What is your grievanc against the alleged closure?

I differ with the opinion and advise of Mr. TGK Reddy, the magistrate has no discretionary power to close any evidence. 

Sr Adv Dr Vasistha is absolutely right.When there are no discretionary powers,the question of appeal does not arise.

 

 

 

 

No judge don't have such discretionary power to close evidence.

Here you can proceed for Revision in HC  or SESSION court.

Dear Mr. Reddy, 1. I appreciate your views and acumen. 2. You would agree that Cr PC is just a code of procedure which is directive but not mandate. 3. Since the state (prosecution) would like to bring all the witness(es) to prove the allegation(s) especially with respect to the charges framed by the magistrate on the basis of final report submitted by IO u/s 173 Cr PC. 4. The accused has neither any control, say nor can have objection to any prosecution witness. 5. On taking a notice of undesirable witness the magistrate may dispense any prosecution/defence witness with the consent of Public Prosecutor/ Defence counsel, as the case may be. 6. However, if the accused/state feel aggrieved by dispensation order, may move in revision before the Sessions Court. Thanks and regards.

Dear Sirs.

The Magistrate closed the complainant (her) evidence in a case under Protection of Women from Domestic Violence Act 2005 filed against our entire family after giving her many opportunities and last & final oppurtunities to lead her evidence from last four to five years. The complainant had been taking adjournments from last four years based on ill health of various family members like her mother, father, brother, cousin sister, etc. and mostly only her lawyer would appear.  In the mean while since there was no complainant evidence our lawyer had informed court to put up matter for final orders and magistrate had also closed defense evidence on same ground given by our lawyer.

Now complainant/her lawyer informed court that they have filed appeal u/s 29 of  Protection of Women from Domestic Violence Act 2005, challenging closure of complainent evidence and subsequent closure of defense evidence by magistrate after delay of about 40 - 50 days. She has taken grounds that mahilla magistrate is not sensitive to special needs of female and magistrate is biased because evidence has got delayed due to sickness of family members of complainant and sickness is out of control of complainant and in hands of God.

Any further guidance or advice please

rgds