Pvt_RajKing (Private) 11 August 2010

How can we stop a Crl Proceeding that has become abusive?

Hello,

We have a situation. It is a summons-case where in there are 5 accused. The police have submitted an FR against which the JM has issued challans.

We have also opposed it (FR) under CrPC 156(3) which is pending with the same JM. The JM Court continued the prosecution case and issued summons which has been served on only one of the accused while the remaining 4 are unserved and the JM has been notified of the same by the accused who has been served. The case was listed @5 times and is adjourned for lack of serving summons and the JM simply keeps asking the PP or Police to serve the summons. 90% of the time public prosecutor doesn't appear in Court and only the accused who had been served appears along with his lawyer.

Obviously this is a clear abuse of judicial process. The prosecution should either serve the summons and frame charges or just withdraw the case or the JM has to dismiss the case which he has not done it yet. In this case, can we force the JM to dismiss the case for lack of prosecution? Will that be under CrPC 256? Are there other sections we can leverage?

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2 Replies

virender (advocate) 11 August 2010

jm can declare non apering accused as po after issuing the summons, arrest warrents and proceed with the case.

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Pvt_RajKing (Private) 12 August 2010

Yes he can provided he can justify the same.... If the summon has been issued by the JM to the police to serve and if the police have not taken steps to do the same then the JM can't do that. Both the Police and the PP has no interest in the case as it was a fabricated case and they know I am going to be a trouble for them.....

The grounds on which we have contested the FR and argued against the issuing summon:

1. The PP hasn't made out the offence clearly

2. Any application of mind to the material on record (FR) will show the offence is not clear, self contradicting and all documents it in are fabricated

I have personally told the JM to serve using the procedure and only then I or my lawyer will appear. I know how they can abuse or screw up and I am ready to challenge them on it.

But the question in this thread was, How can we force the JM to dismiss the case for want of prosecution? since the record clearly shows that the prosecution is not interested in the case and asking just one of the accused to appear periodically without framing charges is pure abuse of judicial authority...

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