Querist :
Anonymous
(Querist) 13 August 2010
This query is : Resolved
Pre charge evidence in complaint case under Sec 200 CrPC(PFA). Accused is appearing in person. Complainant/witness during cross examination jumping out of the context to the asked questions has filed fresh documents. No application to submit these documents had been made by him and neither the copy supplied to the accused. There has also been no reference of these documents in compliant or even during cross-examination. Although the accused in this case, has objected to inclusion of these documents at this stage and in this manner, the judge has not written 'objected-to' while admiting these documents. Judge has further exhibited these documents while they ought to be inadmissible. Accused has also filed a application for inadmissibility of these documents. What are the remedies/options open to the accused ?
s.subramanian
(Expert) 13 August 2010
you take the order in your application. if it is against you,file revision under 397 cr.p.c.
Guest
(Expert) 13 August 2010
KINDLY NOTE THAT IN CIVIL MATTERS IT IS ALRIGHT IF THE DEFENDENT APPEARS IN PERSON, BUT IT IS RISKY FOR THE ACCUSED TO APPEAR IN PERSON IN CRIMINAL CASES. KINDLY NOTE THAT THERE ARE SEVERAL AMMENDMENTS FREQUENMTLY HENCE IT IS ADVISIBLE TO TAKE HELP OF LEGAL EXPERTS. HERE IN THIS MATTER ACCUSED IS APPEARING IN PERSON HE HAS TO STRONGLY OPPOSE THE FILING OF ADDITIONAL DOCUMENTS BY THE COMPLAINENT AS IN CRIMINAL COMPLAINTS EXTENSION OF COMPLAINT IS NOT PERMISSIBLE.THERE ARE CITATIONS ON THIS POINT.ACCUSED SHOULD OPPOSE TO ADDITIONAL DOCUMENTS.IF HIS APPLICATION IS REJECTED THEN HE MAY FILE REVISION TO THE SESSIONS COURT. HE WILL SUCCEED. GOOD LUCK.
Querist :
Anonymous
(Querist) 13 August 2010
With utmost thanks to S.Subramanian and Nandkumar jee, Sir please can you suggest some citations as advised in said matter. Regards
Koumarish Bhattacharya
(Expert) 13 August 2010
IF IN EACH DOCUMENT SO FILED IS ENDORSED BY THE ADVOCATE APPEARING ON BEHALF OF THE ACCUSED, IT IS BETTER. FILE A REVISION PETITION. OTHERWISE, IN CASE OF ANY ADVERSE ORDER IF ALREADY PASSED, MOVE THE APPELLATE COURT.
Koumarish Bhattacharya
(Expert) 13 August 2010
IT WOULD BE BETTER TO MOVE A CRIMINAL MOTION AGAINST ANY ADVERSE ORDER ON THIS POINT.
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