Queries regarding criminal case
Vikrant
(Querist) 02 May 2020
This query is : Resolved
Lawyersclubindia...........................................
Dr J C Vashista
(Expert) 03 May 2020
In case the complaint was lodged in police and FIR was registered on the basis of the complaint, it shall be a "State" case and you need not attend each and every date in the Trial Court, if you do not have interest in the proceeding.
If you have moved application / complaint in the Court and the Court has taken cognizance of the same (on the basis of evidence) Court may direct the SHO to register FIR and investigate the case. You will have to attend the Court till such order is passed by the Magistrate. After filing final report by IO, you may attend all the dates, otherwise, as and when summoned.
It would be better to hire the services of a local lawyer to assist the Public Prosecutor, in a summoned/ warrant case.
On being held "guilty" by the Court the accused shall be punished, irrespective of age of the convict.
Raj Kumar Makkad
(Expert) 03 May 2020
1. No.
2. If you are complainant of FIR then the case shall be taken up by Public Prosecutor but if you want to engage your own counsel also, you may also do so who shall assist the public prosecutor.
3. In coplaint case, the police has to investigate the case and is responsible for persuing till its logic end whereas in complaint case, the entire onus shifts towards the complainant. Police case means FIR is good but still it depends upon the contents of the complaint.
4. There is no special provision to deal with the old age accused persons. If they are found guilty, the application of law is similar even for them, however, discretionary power always rests with the court to take some lenient view against such accused persons, if found guilty, while awarding punishment.
Guest
(Expert) 03 May 2020
Crime and Punishment has No Age Limit. Where an ageing Criminal is too dangerous to be in the community., Prison might be the only option.Still the Court could offer " mercy and compassion " and hand down a punishment more gentle than what would be given to an younger offender. Every thing would be at the Discretion of Concerned Courts.
Guest
(Expert) 03 May 2020
Well advised by Senior Advocate Mr.Rajkumar Makkad
Vikrant
(Querist) 03 May 2020
Thank you dear experts... Stay safe and healthy...
Rajendra K Goyal
(Expert) 03 May 2020
You asked:
1. Do complainant has to come in every hearing if complainant files an FIR and the criminal court case starts.
Reply:
No, complainant need not come to court each time. He has to attend after receiving summons.
You asked:
2.If I file FIR and the criminal court case starts, then the case will be fought by public prosecutor or I have to hire an advocate?
Reply:
It would be a State case, Public Prosecutor would appear on behalf of the state. Complainant can engage a lawyer to protect his interests during proceedings.
Rajendra K Goyal
(Expert) 03 May 2020
You asked:
3. What is the difference between filing a FIR and directly going to criminal court tofile a criminal case, ? Which way should i choose
Reply:
After filing criminal case before the Magistrate, Magistrate would order for filing FIR if satisfied.
You asked:
4. If one of the accuse is 75-80 years old , then court will not punish him due to OLD age? is there any law like that?
Reply:
Court may consider for some leniency due to age, law has not fixed yardstick / universal rule for it.
Guest
(Expert) 03 May 2020
You are welcome Mr.Vikrant and same to you
Rajendra K Goyal
(Expert) 04 May 2020
Please mention full and clear facts of the problem.
First try to lodge FIR with the police, if police does not lodge FIR, complaint with the Magistrate can be filed u/s 156(3) Cr.PC. In such case discuss in detail with your lawyer.
Raj Kumar Makkad
(Expert) 04 May 2020
The facts necessitating the advice of the experts have already been putforth by the author.
Rajendra K Goyal
(Expert) 04 May 2020
Author need to mention full and material facts so that more appropriate advice can be furnished based on the relevant facts.
