About crpc 83 proclamation of accuased
vinodkumar
(Querist) 23 May 2014
This query is : Resolved
IN CHANDIGARGH JMFC COURT, IPC 498, CASE IS EVIDENCE STAGE AGAINST MY, COUSIN BROTHER, AND HIS PARRENTS, I AM ALSO PRACTISING AS LAWYER IN GUJARAT, SO WE APPOINT A LOCAL LAWYER OF THAT CHANDIGARH COURT, WE ALRADY PRESENT IN THE COURT SINCE YEAR 2010, REGULARLY, BUT SINCE LAST TWO DATE, [ PARRETS IS VERY OLD AGE ABOUT 65YRS] DUE TO MEDICLE URGENCY NOT APPEAR IN THE COURT, WE ALREDAY INFORM THE LAWYER IN ADVANCE ABOUT THIS SITUTATION BUT, NOW WE HAVE MASSAGE THAT COURT ALREADY ISSUE A NOTICE OF PROCLAMATION OF ACCUASED U/S CRPC 83, STILL CRPC 82 PROCEDURE IS NOT FOLLOW BY JMFC COURT, WE HAVE ALL MEDICLE PAPERS, AND ALSO A PROOF OF INFORMATION GIVE A LAWYER IN ADVANCE, IN THIS SITUTATION WHAT IS LEAGLE REMEDY WHICH IS IN OUR DEFENCE? IN WHICH COURT WE MOVE FOR REMEDY? IN CHANDIGARG DIST COURT OR HIGH COURT? UNDER WHICH PROVISION? PLS GIVE ME A PROPER GUIDE LINE
Dhawal Bhandari
(Expert) 24 May 2014
dear sir
if procedure not properly followed, complaint can be quashed also by High Court. you can approach High Court for the same. as per your version, it seems that your lawyer was not able to pursue court properly.
- Dhawal Bhandari
Advcocate, High COurt of Punjab & Haryana.
Mobile:- 0-9872863303
Devajyoti Barman
(Expert) 24 May 2014
You better go to high court u/s 397, 402 r/w 482 crpc challenging the said order of proclamation.
The order prima facie appears to be bad in law.
T. Kalaiselvan, Advocate
(Expert) 25 May 2014
This is another incidence where the case has not been properly followed up. The lethargic attitude of the accused can also be held responsible for such a debacle. As an advocate, you could have guided the advocate engaged at Chandigarh to file a petition u/s 205 cr.p.c. to dispense with the personal appearance of the old aged accused mentioning their old age ailments, now the option as suggested by other experts is to file a quash petition against the orders of the JMFC before the high court.
