Maintainability of application u/s 190/204 of crpc.
Madhu Goyal
(Querist) 16 October 2014
This query is : Resolved
Dear Experts,
I lodged an FIR u/s 306/511/34 IPC dated 08.07.2010 against Directors, Principal and Vice Principal of the school where I was working teacher. FIR was later on cancelled by Police and cancellation report was sent to the court. The court summoned me and I deposed that I am not satisfied with cancellation report of police and I filed Protest Petition in the same court . Before the judicial magistrate I stated that that I swallowed dozens of slipping pills to commit suicide as instigated by accused .The Judicial Magistrate issued summons to the accused but without deciding the cancellation report filed by Police. Trial of this case started after the accused availed bail from High Court. Now the accused have filed an application u/s 190,204 of CrPC before the same Judicial Magistrate (who is hearing my protest petition ) in which they have prayed to the court that as I in my Protest Petition have admitted before Judicial Magistrate that I swallowed slipping pills to commit suicide.Therefore I should be summoned as an accused u/s 309 IPC.
Now my question is that whether above application u/s 190,204 CrPC filed by accused has merits ? On which grounds I should defend myself so that their above application is dismissed ? Here I tell that I am pleading my case in person. Due to financial constraints, I am not able to hire a counsel. However I may get free counsel under legal services but such counsels hardly take any pain .So your kind advice will be of immense impotance for me. So kindly advise me properly.
Regards
Madhu Goyal.
ROHIT SHARMA
(Expert) 16 October 2014
Dear Mr. Madhu Goyal,
1. The counter application filed by them becomes an admission and an evidence that you did so because of the abettment of such persons. This application will be clubbed with your case and will be dismissed at the end of the trial. You should not file any counter reply or seek dismissal of such complaint. Let the court decide it's fate.
2. In fact s. 309 I.P.C. is not attracted since you were perforce induced by such person to do so and that you did not do so for any other personal reason.
3. If need be for further personal in depth discussion with me you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
Rajendra K Goyal
(Expert) 16 October 2014
Oppose their application, consult your lawyer who is well aware of full case file.
Madhu Goyal
(Querist) 16 October 2014
Dear Adv Rohit and Adv Goyal Ji,
Thanks a lot for your sincere advice. In this reference , I perused sec 468 of CrPC wherein timelimits for taking cognigence of an offence for a magistrate are defined. In that sec it has been mentioned that for an offence in which punishment is one year imprisionment, then time time limit for taking cognigence of such offence for a magistrate is one year. I have also gone through IPC wherein it is mentioned that punishment for accused u/s 309 is one year imprisionment .I lodged FIR on 08.10.2010. In that way, time limit for for taking cognigence of this offence for a magistrate has expired. Can I argue on this ground also along with the grounds as suggested by you ? Kindly advise me. I have already replied to this application as filed by accused and this application is listed for arguments on 18.10.2014.
Regards
Mrs Madhu Goyal
Madhu Goyal
(Querist) 16 October 2014
Dear Experts,
In this case , there is no eye witness favouring me. The school management has made school teachers as their witness against me. In such circumstances, is their any chance for me to win the case. I consulted 2-3 lawyers about it . All of them said that ultimately accused will be acquitted as I have no eye witness. Here I tell you that school always treated me in a biased way since my joining . I have documentary evidences in this reference.Above school terminated me from service and the court recently has st aside/quashed the termination order and directed the school to reinstate me with full back wages with 8 % interest and continuity in service. I argued before court in person. Also on my complaint , Distt Education Officer intitiaed enquiry against the school. The enquiry committee concluded that I was harassed by school management and my records were tempered by school management. Will all these facts help me in the case which I have filed against school through filing protest petition ?
Kindly advise me ,sir.
Regards
Mrs Madhu Goyal
Devajyoti Barman
(Expert) 16 October 2014
Eye witness alone is not a sole criteria to convict the accused person.
Corroborative evidence is also very valid.
If the circumstantial evidence clinching point out the commission of evidence then the suspect can be convicted.
Consult with your lawyer.
Madhu Goyal
(Querist) 16 October 2014
Dear Adv Barman Ji,
Thanks a lot for your sincere advice,Sir. I have one more querry in this reference. The accused have filed writ in High Court to quash the protest petion filed by me as well as summoning order of magistrate . As per your opinion, can high court quash the protest petition and summonining order of the magistrate ? Kindly advise, sir.
Regards
Mrs Madhu Goyal
ajay sethi
(Expert) 17 October 2014
HC wont quash the summoning order if prima facie case has been made out . accused will have to contest case on merits before trial court
ROHIT SHARMA
(Expert) 17 October 2014
Madame Madhu Goyal,
1. The fact that the court has already issued process of summons u/s 204 Cr.P.C. to the named accused then it is obvious that the court has done so taking into consideration it's own discretion to extend the limitation period as provided u/s 473 Cr.P.C. despite the limitation period as mentioned u/s 468 Cr.P.c. You need not now have to explain any facts for such extension approved by the Court.
2. You see, the fact that the school has also filed such complaint u/s 309 I.P.C. then by same analogy as complied u/s 468 Cr.P.C. this complaint is also time barred.
3. Your counter W.S. in reply to the school's complaint should not pose any problem as of now.
4. In so far as the issue of eye witness is concerned you now have the complaint lodged by the school and the witnesses therein would adduce the circumstance as when you had attempted to commit suicide. You may have not mentioned about any witness in your complaint. This is o.k.
5. You have also impliedly resorted to invoke Sexual Harassment of Women in Workplace (Prevention) Act, 2013 as by your complaint to Dist. Education Officer who had initiated inquiry against the school. The inquiry committee concluded that you were harassed by school management and your service records were tempered by school management. This inquiry report along with the the court's order of reinstating you in service with back wages do sustain the contention as mentioned u/s 3 (Prevention of sexual harassment) of the Act, 2013 that you were discriminated on gender grounds and there was an explicit threat which was carried out by meting of detrimental treatment in your employment by having terminated your service and this does amount to sexual harassment.
6. However i would prefer to examine the contents of your complaint, the complaint filed by the school and the counter reply given by you to such latter complaint so that i can infer as what could be the likely course of legal proceedings.
7. If you need to feel more convinced about the fate of your complaint you may opt to get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
Madhu Goyal
(Querist) 17 October 2014
Dear Adv Rohit Ji,
Thanks a lot ,sir, for your valuable legal advice. One more querry ,sir, if HC quashes my protest petition and summoning order of accused (as my lawyer is thinking so ), then what litigation may be initiate by opposite party against me ? Kindly apprise me ,sir.
T. Kalaiselvan, Advocate
(Expert) 19 October 2014
Your worries about the high court quashing the protest petition are unnecessary, there are remote chances to entertain the quash petition by high court. Therefore please donot develop more questions on the subject unnecessarily and become more worried.You are going in a right track and also the evidences are in your favor, better put up the fight with same vigor and courage.
Sudhir Kumar, Advocate
(Expert) 24 October 2014
repeated
http://www.lawyersclubindia.com/experts/Execution-of-court-order-500801.asp
Sudhir Kumar, Advocate
(Expert) 24 October 2014
repeated
http://www.lawyersclubindia.com/experts/Maintainability-of-application-u-s-190-204-of-CrPC--502576.asp
