Application under section 190/204 crpc
Mrs R.Yadav
(Querist) 17 October 2014
This query is : Resolved
Respected Experts,
I was a teacher in private unaided school.The school management started harassing me unnecessarily so as to get rid of me as I was used to raise my voice against misdeeds of management . Four year ago , they harassed me to such an extent that I decided to end my life and unsuccessfully attemed to committ suicide . I was later on survived on timely medical treatment. I lodged an u/s 306/511/34 IPC some office bearers of school management. As they were high contacts and money, police cancelled my FIR on the pretext that at the time of incident mobile location of one of the accussed was not that of school premises. Police also took affidavits of some school teachers who stated that such an incident never occurred .Consequently police sent cancellation report to the court .After 1 year , I recived summons from court .I hired a counsel .I stated before magistrate that I am not satisfied with cancellation report of police and I filed Protest Petition before the same magistrate. I also submitted an audio CD of sting operation wherein Investigation Offcer (IO) admitted that he cancelled the FIR against accused after being bribed by accused. I also submitted an enquiry report of education depertment wherein the enquiry officers concluded that school management harassed me and illegally suspended and terminated me . After perusing all the record, magistrate issued summons to all accused. Their bail application was rejected by Session Court and ultimately HC granted them bail.On the very day when the accused appeard before magistrate after getting bail from HC, their counsel filed an application (about one year ago)before magistrate under section 190 and 204 of CrPC to summon me u/s 309 IPC. In the application , the accused stated that I have admitted before magistrate to try to committ suicide, hence I should be summoned before court u/s 309 IPC.My counsel replied to this application.
Now my question is whether the application filed by accused u/s 190/204 of CRPC to summon me u/s 309 IPC is admissible ? On what legal grounds, I should oppose above application so that application of accused is dismissed ? Kindly advise me on humanity ground urgently . Here I disclose that however I have fully paid to the counsel but even then he is not any interst in the case. My husband is working hard and handing over all relevant authorities to counsel after searching on net.Due to efforts of my husband Court has set aside the dismissal order issued by school and directed to school to reinstate me with full back wages.Kindly advise me.
Devajyoti Barman
(Expert) 18 October 2014
If your current lawyer is not acting satisfactorily you can always engage a new one.
The contents of the petition needs to be seen before giving any proper reply though on prima facie such petition does not seem maintenance.
PAVAN KUMAR AKA
(Expert) 18 October 2014
The opponents cannot file any criminal case against you for the offence u/s.309 ipc. The state only has to file the case against you. As such, the petition/complaint filed by your opponents is not at all maintainable and is liable to be dismissed. If you cannot engage any advocate, better contact Legal Services Authority of your Mandal and they will entrust any legal counsel to help you. BUT A SINCERE ADVISE IS, YOU MUST TRUST YOUR ADVOCATE, lest suspicion will irritate more and more than the original pain
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
The query has been repeated earlier in a different form or in the same form in another thread, you may visit that thread to know more opinions.
