Splitting of proceedings

dawood ahmed (Querist) 28 February 2012 This query is : Resolved
RESPECTED EXPERTS, GOOD EVENING.
x FACING A CRIMINAL CASE FOR AN OFFENCE U/S 304 OF IPC. AT THE TIME OF TAKING COGNIZANCE THE JFCM ADDED ANOTHER PERSON y AS A-2 FOR AN OFFENCE UNDER MV ACT PUNISHABLE WITH ONLY FINE.IT IS MORE THAN 3 YEARS THE POLICE IS NOT SERVING SUMMONS ON A-2. ACTUALLY y IS REALLY NOT CONCERNED WITH THE CASE BUT HIS NAME IS ADDED MERELY BECAUSE ON RECORD rc book HE IS THE OWNER. IN FACT THE VEHICLE CHANGED NUMBER OF HANDS AND x HIMSELF IS THE OWNER OF THE CRIME VEHICLE BUT HE DID NOT GET THE VEHICLE TRANSFERED ON HIS NAME IN THE RECORDS.IN THE CIRCUMSTANCES x IS READY TO MAKE A REPRESENTATION TO COURT THAT HE IS THE REAL OWNER AND EADY TO PAY THE FINE ATTRACTED BY MV ACT. WHAT SHOULD x DO NOW TO GET THE PROCEEDINGS STARTED TO MEET THEIR LOGICAL END.

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Adv.R.P.Chugh (Expert) 28 February 2012
Are you sure the magistrate has taken cognizance ? Magistrate is said to take cognizance when he applies his judicial mind on the report submitted by the police - and takes further steps - like summoning the accused. Tell me : has the court made orders of summons ? I am not sure - because if that is the case police could not have afforded not serving them. The best thing would be to make an application to examine your file there through your lawyer.

Raj Kumar Makkad (Expert) 28 February 2012
Y can come to the court and can be got dicharged at the time of framing the charge on the basis that he was not in actual control of the vehicle at the time of accident.