About proceedings
sumit sharma
(Querist) 09 January 2015
This query is : Resolved
Im fighting a case from prosecution side which is a case of sec. 302 IPC. Now the case is pending in Defence Evidence since june 2014 and it was closed by court in july end. But after receiving an affidavit from defence to allow a chance to call up the witness and to examine him, the court allowed for evidence to be examined. Still the presence of such witness cannot be held till now. On every date adjournment is given by the defence and it is done to just linger on the case.
Kindly tell me what tactis should I follow so that the case could come into final argument if again the same practice is adopted by defence on the coming date.
Isaac Gabriel
(Expert) 10 January 2015
You can plead the court to close evidence to proceed further.
Devajyoti Barman
(Expert) 10 January 2015
Yes, ask the court to close the evidence. You can alternatively apply to HIGH Court to direction of expeditious disposal of this case.
Advocate Ramesh
(Expert) 10 January 2015
Whether you are a complainant or Advocate filing private complaint. In general after 313 crpc has recorded If defence evidence is available, the court will ask the accused, who are the witnesses to examine on behalf of accused and asks the list and take necessary step to issue witness summon. As for as your case is concern If you elaborate the details of the case then we will answer.
P. Venu
(Expert) 10 January 2015
IPC 302 and a complaint case! Are you joking?
P. Venu
(Expert) 10 January 2015
IPC 302 and a complaint case! Are you joking?
Rajendra K Goyal
(Expert) 10 January 2015
Author reply the question by expert P. Venu.
Dr J C Vashista
(Expert) 10 January 2015
Rightly observed, analysed and caught by expert Mr. P Venu, I fully agree with him.
In no circumstances a case under Section 200 r/w 156 Cr. PC /302 IPC can be registered through private complaint.
What do you want to communicate with the statement, "Now the case is pending in defence evidence in June 2014 and it was closed by the court in July ..."?
Further you have stated, " But after recieving an affidavit from defence ....." Do you understand what you have mentioned and what does it mean?
A joke and not a legal query.
Devajyoti Barman
(Expert) 10 January 2015
well I personally looked after once case u/s 302 IPC which was registered as complaint case .
There is no legal impediment for this.
H.M.Patnaik
(Expert) 11 January 2015
I think it is upto the author throw more light on the matter for proper advice.
T. Kalaiselvan, Advocate
(Expert) 14 January 2015
The author may answer the queries raised by experts if any proper advised is sought seriously.
