Art 20(3) and Sec 91 of Cr.p.c
Avishek Mukherjee
(Querist) 24 February 2016
This query is : Resolved
In a complaint case complainant filed a petition for seeking applucation of s 91 of Cr.p.c after submitted the all Exhibits. The case filed on the basis of U/s 404/406/420/464/468/471 of IPC.
But in a order passed by the Ld . Court said that" The accused raised strong objection by filing the written objection against the petition. It is mention that no such document is laying with the custody of the accused and the such document was manufactured by the complainant before filing of this case and has been lying with the complainant.
During hearing Ld. Advocate for the complainant submitted that the Exhibit 3 ( Certified copy of a Lease deed ) and 4 ( RTI from a land revenue officer , having jurisdiction ) refers the said POWER OF ATTORNEY and that said power of attorney is lying at the custody of the accused person.
On the other hand Ld. Advocate for the accused raised strong objection to the petition and submitted that as per Art 20(3) of Constitution of India On person accused of any offence can be compelled to be witness against himself.
On perusal and hearing I find that the accused denied that any such document is in his custody.....considering the above discussion , I am not inclined to reject the petition"
How can i summon the accused ? What is the judgment of Supreme court or Calcutta High court regarding this situation ?
What is the defence against the Accused's objection ?
Please help me.
The Complainant is my mother.
P. Venu
(Expert) 24 February 2016
In the given situation, you (or your mother) should have opted for a civil action than a criminal action.
