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Aravind Kumar Gunda (BOE)     15 October 2023

Complainant has not been appearing before the court for trial

Hello Advisors,

My ex-girl filed a false criminal case against me in 2018 under sections 354A and 354D.

Now, the case has come to the trial stage, my examination was over under section 239 Cr.P.C.

After my examination, 10 adjournment dates were over but the complainant and 2 eye witnesses have not been appearing before the court.

The honorable court issued summons initially and finally issued NBW order against the complainant, and 2 eye witnesses.

2 eye witnesses are non other than the complainant's elder sister and sister's husband from within the family.

After issuing NBW against the complainant and 2 eye witnesses, in the last adjournment date, 2 witnesses appeared before the court and get the NBW re-called against those 2 eye witnesses only, but NBW for execution is still pending against the complainant. 

I took NOC from my lawyer and decided to represent my own case, and filed a Memo and undertaking affidivit seeking for court's permission to represent my own case as party-In-person, the court has given me the permission as well.

 I heard that the complainant left abroad, I don't know whether the complainant left abroad or not, I just heard.

These 2 eye witnesses are appearing before the court, after their chief examination, I will have to do cross examination.

The court doesn't know that the complainant left abroad or not, I am sensing the police are helping the complainant in order not to appear before the court, because the complainant knew that the court will be explored all facts by me, and I will submit all documentary and electronic evidences to prove it's a false case.

How do I request the honorable court for the presence of the complainant, my sixth sense is saying that the complainant is in India only but she decided not to appear before the court because she knew that the false case she filed against me will be proved as a false case, I strongly believe she is fearing to confront me before the court, because she got to know that I will be cross-examining her.

How do I request the honorable court for the presence of the complainant? before the chief and cross of the 2 eye witnesses?

Please kindly provide the valuable advises. Thank you all.

 



Learning

 4 Replies

Dr. J C Vashista (Advocate )     15 October 2023

The facts posted are unbelievable since you are stated to be an accused, wherein the accused cannot be put to evidence before closing prosecution evidence and statement of accused under section 313 CrPC.

Consult your lawyer for proper opinion and advise. However, if you are not satfsfied with his/ her (your lawyer's) performance, compentence and/or behaviour it is advisable to replace him/her immediately.

Aravind Kumar Gunda (BOE)     15 October 2023

Hi Dr. J C Vashista sir,

Thanks for your quick response!

As an accused my initial examination was over under section Section 239 Cr.P.C.

My examination under section 313 Cr.P.C has not done yet. My examination under section 313 Cr.P.C will happen after completion of all the prosecution examinations.

Yes, my lawyer found to be malpraticing, he was dishonest with me in terms of misguiding me, trying to put me in a fear, every time he was blaming the magistrate for his wrong doings, One day I couldn't appear before the court due to fever, two days prior I told my lawyer to file an absent petition on my behalf, my lawyer said OK but he did not respresent on the day, he himself absent and the court issued NBW against me, then I had to ask my lawyer why did not you respresent, he said he represented and my file was put on pass-over, then he said he went to have lunch, by the time he came the magistrate issued the NBW, my lawyer was literally abusing the magistrate for issuing the NBW against me for his wrong doing.

I saw the online status, the status clearly stated that my lawyer did not respresent my case at first place, my lawyer just lied to me that he represented, so I decided to respresent my own case, and I am not going replace any lawyer anymore. 



 

SAM (LEGAL)     16 October 2023

File RTI before local police station and ask for "police report with regard to service of summons/notice on First Informant" and also ask "why there is delay in filing police report for service of summons in the court."

Let the reply come from the Police through RTI and then submit it in the court and inform the court about the RTI reply filed by Public Information Officer 

Aravind Kumar Gunda (BOE)     17 October 2023

Hi Sam,

Beautiful...This is a fantastic idea!

I will file for RTI today itself. You are geniuous Sam, thanks a ton for this idea!

It sense 100% right. 

Really appreciate you!

 

 


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