dismissal of criminal complaint
ashok
(Querist) 22 September 2018
This query is : Resolved
A criminal complaint was filed. Notice for calling of court records was issued by trial court. Moreover additional evidence were also added during the pendant of complaint from time to time
but No notice to respondents was issued. thereafter numerous hearings were adjourned on one pretext or other for about a year. Finally, on a specific hearing date, when the advocate happened to abstain himself from court proceedings due to "no working day" observed on the call of respective DBA and on the same day the said complaint was rejected , whereas advocate was expecting next hearing date.
Since, working of Hon'ble court judges are unaffected by "strike" or "no work" of lawyers, hence "appeal" on that rejection was also dismissed wherein advocate himself placed on record DBA notification, affidavit showing his non-appearance before trial court on the date of trial court order.
As such the poor, helpless complaintant has been left high & dry without giving any fair opportunity to represent before Hon'ble court. ..
Any advice/suggestions are solicited for further course of action, please
Vijay Raj Mahajan
(Expert) 22 September 2018
Mistake of the complainant and his learned advocate, when there was the strike of advocates in the bar, the complainant should have been present in person in the court to take next date, the judge was right to dismiss the complaint on the ground of non appearance of the complainant as well his counsel. Appeal dismissed against the dismissal order too is rightly taken by appellant court.
The first thing is to kick out the stupid lawyer and engage another sensible senior lawyer for job.
Secondly, again file the criminal complaint with all the evidence you got in hand as the previous complaint was not decided on merits but dismissed on technical grounds of non appearance of the complainant and his lawyer, the second complaint will be allowed to be filled by the court.
ashok
(Querist) 22 September 2018
but in trial court impugned order presence of advocate shown as "present"
ashok
(Querist) 22 September 2018
if advocate did not appear it could be dismissal in default and not on merit but trial court dismissed complaint on "merit"..
Vijay Raj Mahajan
(Expert) 22 September 2018
If the reasoned order given, touching all aspects of the complainant by the trail court then its not possible to file fresh complaint on same facts against the accused.
Raj Kumar Makkad
(Expert) 22 September 2018
You have not posted the entire facts in your query and and are supplying in piece-meal basis. We are not astrologers here and provide our advice only on the basis of facts put in the query.
Anyways, your complaint was dismissed by trial court on merits against which appeal do not lie rather revision can be filed before Hon'ble High Court. You even can file now claiming therein approaching to wrong fora due to which delay can be got condoned by High Court.
Raj Kumar Makkad
(Expert) 22 September 2018
When the presence f your lawyer has been shown in the Zimni order of the court, there was no ground of non-presence of him due to strike called by DBA which otherwise is also not recognized by Supreme Court of India. A wrong ground has been taken.
Dr J C Vashista
(Expert) 23 September 2018
You have started your query, "A criminal complaint was filed. Notice of calling for trail court record issued...." In a criminal complaint case how, which and why notice for Trial Court records have been issue?
Hypothetical query with unbelievable statement.
Consult a local lawyer if there is some truth in the story.
