Recall - trail
Shruti Shruti
(Querist) 25 February 2020
This query is : Resolved
I am a party in person and had applied for recall of the quash order(main OP) in HC which was quashed without hearing the defacto complainant(me). And got the order in my favour. Order is "recall allowed in my MP petition. The main OP can be revoked and taken to next proceedings with defacto complainant added as the respondent".
My query here is. Based upon the quash order (main op), trail court has closed the criminal proceedings 2 years ago. Now that the quash order is recalled. So logically I feel the trail court closed order sounds invalid? But there is no such mentions in the order of my recall. Kindly guide me in this on how to request for taking the trail?
Raj Kumar Makkad
(Expert) 25 February 2020
Had trial Court closed the trial after quashing order or prior to that?
Raj Kumar Makkad
(Expert) 25 February 2020
Why have you suppressed this material fact from Hon'ble High Court?
Hemant Agarwal
(Expert) 27 February 2020
1. The HC order is "infructuous" more so since Trial court has already closed file (Two years earlier) and apprehensively you did not challenge /appeal against Trial court order. NO, the Trial Court order is NOT invalid. Now you do not have any options left, since again apprehensively you did not inform the HC for the record, about the same
2. ANYWAYS, based on the HC order, "TRY" to approach the Appellate court, for directions to the Trial court for re-trial by a "Bring on Board" application.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Shruti Shruti
(Querist) 27 February 2020
@Raj - Answer to your queries.
1. After quash order. I have already mentioned in the query . Kindly read again.
//Based upon the quash order (main op), trail court has closed the criminal proceedings 2 years ago. //
2. The traill court is based on HC order only. Hence no supression,
@Hemant
HC quashed in 2017 without my knowledge; 2018 Trail court closed based upon on quash order. Until then I was not aware of quash order. The trail closing order has mentions of quash order. Hence I applied for recall as it was unheard order from defacto complanainant. And it is recalled now in 2020.
Hope I explained the situation. In this situation, Kindly explain me on next steps to start the trail.
Raj Kumar Makkad
(Expert) 27 February 2020
You have mentioned this fact in your query but the same is not sufficient to reply my question. I have asked why you didn't mention the fact of closure of trial court proceedings before Hon'ble High Court while moving an application seeking re-call of the quashing order. You have kept mum over that question which is very vital to be answered prior to getting my firm reply.
Raj Kumar Makkad
(Expert) 27 February 2020
A person not approaching the court with unclean hands is not entitled for the grant of equity.
P. Venu
(Expert) 28 February 2020
You were only the de-facto complainant; i.e. the State was the de-jure complainant. Hence it was not necessary that the de facto complainant be heard. In my understanding, the High Court appears to have taken an extra-step in recalling the OP proceedings. If this leads to revocation of the earlier order quashing the criminal proceedings, the legal and logical corollary is that the closure of the trial is rendered infructuous, restoring the trail.
Raj Kumar Makkad
(Expert) 28 February 2020
Author has not submitted any reply against the specific question raised to him which shows he has no interest to know the outcome of his query.
Hemant Agarwal
(Expert) 29 February 2020
1. YOU say "you filed for quash order" and THEN you say "quash order" without my knowledge. WHY contradict yourself.
2. Your query is all FALSE and MISLEADING.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
