Tashi Norbu Basi
24 February 2012 at 15:15
Greeting to all,
I had lodged a FIR and the police during investigation arrested the accused. Accused was granted bail by Court. Having completed their investigation the police filed chargesheet. The accused was summoned and he appeared and received his copy of FIR. On the next date, the accused was absent. The Defense Counsel said accused or his wife was unwell so acc was unable to appear. On next date also the acc was absent. His Counsel told Court that he had neither information nor instructions from acc. Warrants were issued against acc and surety. Next date, same story. This happened for several dates. Neither acc nor his surety appeared in Court nor were they to be found.
Now accused has filed a petition u/s 482 CrPC in High Court for quashing of FIR, saying no criminal case is made out in FIR. I am the complainant but have not been made a party to this petition for quashing.
I understand the general arguments governing quashing of FIR.
What I want to know is will the fact that (1) acc has been absconding and both he and his surety have been evading the warrant issued by Court and (2) I have not been made a party to the petition for quashing, effect the decision of the High Court and if so, how? Citations please, if possible.
Thank you.
charudureja
11 August 2009 at 19:47
This is a case u/s 498 A, but the dispute between the parties has amicably been compromised at the intervention of the well wisher of the locality, but according to the law this offence is not compoundable under section 320 of the Criminal procedure code.
Now question is how to dispose off the case and under which provision?
Arvind Singh Chauhan
11 August 2009 at 18:52
Please show me some citations about the effect of non production of investigating officer before court as a witness.
SANJAY KUMAR KESHARI
11 August 2009 at 11:01
Supose a customer of PNB Bank has filed a crimnal case against the chief of this bank in kolkata under section 420 of IPC.
As you know that head of PNB is in Mumbai.
Then each and every trail they will have to arrive in kolkata form Mumbai untill the case disposed.If any other thing then please guide us.
GIRISH AGRAWAL
11 August 2009 at 02:04
IS POSSIABLE TO FILE CASE( or Complain for Fir ) U/S IPC 420 & N I ACT 138 OF SINGLE CHEQUE ?
Brief of case:-
(A Person cheats me Rs 150 lace of their six month scheme .That person promises to me after six month he will pay Rs2.25 lace of Rs 1.5 lace. I deposited Rs 1.5 lace & he gave me a Cheque behalf of my deposit amount. After 6 month the cheque has been bounced & I filed case u/s 138 N. I. ACT.)
Legal Fighter
10 August 2009 at 21:47
Does anybody has any judgment regarding examination of material witness (defence) u/s 311 CrPC during investigation itself.
Investigation Officer is acting in malafide manner and has neither filed any chargesheet since past 2.5 years nor is recording the statement of the material witness either. Material witness is 85 years old and he may not be available during defence witness stage.
Kindly suggest what is the other remedy for getting the statement of material witness recorded at this stage.
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Appeal cr.
Conviction under s.302, Can it be changed to sec 304 during Appeal , as act was done under grave and sudden provocation, claimed by council for accused, u/s. 300 exceptions (b)culpable homicide not amount to murder.