Crpc 319 application - 498a, 406 & 506
victimsaxena123@
(Querist) 08 August 2015
This query is : Resolved
Myself & My Father and brother already facing trial u/s 498A, 406 and 506.
Now, my wife has filed Crpc 319 against my younger brother who is U.S citizen now and residing there. At time of my marriage, he used to live in India but was studying/residing at Banglore (Different city from mine) and went to U.S from there on Job basis.
I haven't taken copy of Crpc 319 application as of now. Please let me know that whether I should take copy of that or tell them to sent it to my younger brother directly to U.S.
Please suggest what is the best way to safeguard him. Thanks
Rudrawar Narayanreddy
(Expert) 09 August 2015
U dont do anything let the court decide. most probably court will accept frivolous applications.
P. Venu
(Expert) 09 August 2015
Let the procedure take its due course. The court will certainly apply its mind before deciding the petition.
From the facts stated, the petition shows the desperation of the complainant than the culpability of your brother.
M/s. Y-not legal services
(Expert) 09 August 2015
sir petition under 319 cr.p.c is pending mean you can not do nothing except filing counter if any..
apart from that court will take care about it..
M/s. Y-not legal services
(Expert) 09 August 2015
for your clearance section 319 of cr.p.c states as..
Section 319 Cr.P.C..Power to proceed against other persons appearing to be guilty of offence:
Section 319 Cr.P.C..Power to proceed against other persons appearing to be guilty of offence.-
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under sub-section (1), then-
(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.
“In view of the above referred judgment of the Hon’ble Supreme Court of India which is a complete answer to the contention raised on behalf of the petitioners, there remains no doubt about the legal proposition that Sections 319 and 190 of the Code operate in entirely different fields andSection 319 in no manner whatsoever impinges upon the powers of the Magistrate underSection 190 of the Code. The impugned order Page 3470 passed by learned Metropolitan Magistrate was on the basis of the report submitted to him under Section 173 of the Code of Criminal Procedure and the material available on record and as such it cannot be held that the learned Metropolitan Magistrate had no powers to take cognizance of the offence and summon the petitioners as accused, two of whom had been shown in Column No. 2 and regarding remaining two, there was some material available to summon them as accused persons. The impugned order, therefore, does not suffer from any infirmity.”
SAINATH DEVALLA
(Expert) 09 August 2015
Rightly analysed by Y not legal services
Rajendra K Goyal
(Expert) 09 August 2015
Agree with the advise from expert Ynot legal services.
victimsaxena123@
(Querist) 09 August 2015
Thanks all for your advice. Should I accept the COPY of Crpc 319 or not. Am I party to Crpc 319 who must accept that copy. What is best per circumstances.
Please guide me strategically keeping my brother abroad in mind. Thanks very much
Dr J C Vashista
(Expert) 11 August 2015
Very well explained by Ynot legal service FREE of cost.
For further queries, advise and proceeding engage a local lawyer.
Guest
(Expert) 13 August 2015
Excellently Attended by M/S Y Not Legal Services.The Comment Of Mr.J.C.Vashista Stating" FREE Of Cost" is very Awkward and Very Mean.
Anirudh
(Expert) 13 August 2015
Dear Mr. Saxena,
So far I do not find any reply to your specific query: "I haven't taken copy of Crpc 319 application as of now. Please let me know that whether I should take copy of that or tell them to sent it to my younger brother directly to U.S."
Since you already have a Lawyer who is attending to your trial u/s 498A, 406 and 506, I feel it would be best for you to consult your same lawyer, who would be in a better position to advice you taking into account the overall situation.
Guest
(Expert) 13 August 2015
Mr.J.C.Vasishta along with his Comments had Given a Specific Reply to the Specific Query which had been Briefed In Detail Again But The Result is Same " Consult Your Lawyer".
Anirudh
(Expert) 13 August 2015
The one and only question posed by the querist was whether he should accept the Sec. 319 Crpc application himself on behalf of his younger brother, or ask that the same be sent to his younger brother directly who is abroad.
This question was never answered, by anybody, but certificate of excellence etc., was being freely exchanged.
Dr. Vasishta also state: "Very well explained by Ynot legal service FREE of cost.
For further queries, advise and proceeding engage a local lawyer." This gives an impression as though Ynot Legal Service has answered the query and for further doubts, the querist should consult local lawyer.
I stand by what I replied.
Guest
(Expert) 13 August 2015
Dear Author Better Consult Your Local Good Senior Advocate For Further Process Please.Let any body stand any Where.
Anirudh
(Expert) 13 August 2015
No Advocate with some basic knowledge of law would ever state from the above messages that the query has been answered.
I leave it to the judgement of persons with better sense.
Guest
(Expert) 13 August 2015
The Person who has Got No Reply Except "Consult Your Lawyer" is Blaming Others as They have Not given Any Reply.She/He Speaks about Basic Knowledge Of Law of Others only with the Hold She/ He had Not Posted Any Of Her/ His Details Or Information about Her/Him Self and Obviously an Anonymous
Anirudh
(Expert) 13 August 2015
Even this reply you people did not give but were praising one another without any basis and reason!
Even now, you have not taken pains to find out whether the querist question was answered in the first place. If not, then what is the excellent explanation etc., is for?
SAINATH DEVALLA
(Expert) 13 August 2015
Mr.Anirudh,
UR profile states U R an advocate,better use proper language when U R commenting on other senior legal experts.I strongly object if any member tries to provoke other legal experts.U have been criticizing experts even now.Better provide solace to the above querist with UR wisdom and knowledge.
Anirudh
(Expert) 13 August 2015
Dear Mr. Sainath,
Yes, I am an Advocate. That is precisely why I am pointing out that no real answer was ever provided to the only straight question of the querist. Whereas, people here are without any justification commenting that some excellent explanation has been given by some body.
I was just pointing out the same.
If you feel that it is criticism, yes let it be.
I have already guided the querist.
Can you point out as to what is the improper language that has been used by me?
By the way, can you say what solace that you provided?
Anirudh
(Expert) 13 August 2015
I cannot be sportive when something which is not even remotely an answer to the specific query gets posted here and somebody even getting elated by saying excellent explanation etc.
Neither I am jealous nor having any hatred against anybody. If pointing out the yawning gap between the expectation and reality in your view amounts to having hatred and jealous - I leave it to your senses.
Anirudh
(Expert) 13 August 2015
I have given reason why he should consult his existing lawyer.
But what did all of you do? Without providing the answer to the query, something was dished out and all of you hailed it as excellent explanation!
You are bound to answer why did you people indulged in such hallow certificate of praise?
Guest
(Expert) 13 August 2015
Consulting Of Existing Lawyer Is very much Obvious and Known Fact to all the Clients.They Approach Here to Gain more Knowledge about Their Own Case.M/S Y Not Legal Services had Provided A Detailed Description about the Section of the Case which is appreciated by Other Experts Here.You Define it as "Hallow Cerificate Of Praise "Which Obviously Confirms Your Inferiority Complex.I would have Appreciated If you had Come Out with A Better Solution Than Criticising Others.It is Not Good For You In the Long Run Better Try To Change your Attitude Or It May Ruin Your Life.Your Statement of "You are Bound to Answer" To Other Experts Here Is an Real Exposure of your Inferiority Complex Trying to Be A Boss to Others.Please Consult a Good Psychologist For your Good.
Anirudh
(Expert) 13 August 2015
IF that be so, why without providing the answer to the query posed, something was dished out which is not an answer to the query at all?
They why without knowing what was asked and was given as an answer, you all joined in the chorus of praising?
What of a service you people rendered to the querist, even after knowing that they come here to get expert advice?
DO YOU MEAN TO CLAIM THAT WHAT WAS PROVIDED BY YOU ALL IS AN 'EXPERT ADVICE'?
Whether or not I am having an answer is not the question. The question is whether the so called Experts, really provided any worth while answer to the query or were dishing out whatever that they come across whether or not that has any meaning to the query posed? It is also a question whether other experts merely indulged in praising even the worthless answer?
Please do no worry about me. I am quite capable of taking care.
Guest
(Expert) 13 August 2015
Please Consult a Good Psychologist For your Good.This is A Serious Advise and Not An Insult Please Understand.
Anirudh
(Expert) 13 August 2015
I thought you are a quack lawyer, now you are proving to be a quack consultant even.
Guest
(Expert) 13 August 2015
No Doubt your Mental Problems are in Peak Now.
Guest
(Expert) 13 August 2015
Tomorrow Being No Moon Day It Could be Still Worse.
Anirudh
(Expert) 13 August 2015
Perhaps you are speaking from your personal experience?
Guest
(Expert) 13 August 2015
As I visit Mahim Mosque Very Often There I Had Seen People Like you Very Often.
Anirudh
(Expert) 13 August 2015
Going there with a begging bowl and sitting on the door steps?
Guest
(Expert) 13 August 2015
If it is your Profession What Can I Do.
Guest
(Expert) 13 August 2015
Mahim Mosque is A Holy Place Of Muslims and Mentally retarded Come There For A Cure And Poor Would Be well Treated There.Anirudh is Now Insulting All Of Them.Not Only Muslims Even All believers in God Go There For Prayers.
Anirudh
(Expert) 13 August 2015
That exactly is the problem. You don't even know what is being stated. You just think whatever it means to you and come to a conclusion, just as you all praised without knowing what was asked and what was replied.
It is a shame that people like you are also in this forum.
Guest
(Expert) 13 August 2015
You Mean To Say As I Am Attending Mahim Mosque I should Not Be There.Is it a Threat Or warning
Anirudh
(Expert) 13 August 2015
Yes, what I guessed about you is turning out to be very true. You don't even understand what is being written. Therefore, you are drawing unnecessary inferences and conclusions. That is precisely my point. If you draw unnecessary conclusions it is for you. People in this Forum would definitely see whether or not there is any insult to anybody.
What a pity. Kid, grow up. Do not try to defend the indefensible. Shed your pretensions and illusions.
Guest
(Expert) 13 August 2015
So what is your Real Advise to the Author of This Query?
Anirudh
(Expert) 13 August 2015
First accept that you people never gave any answer to the querist for his single query.
Guest
(Expert) 13 August 2015
Yes Before We Could decide about Let Us Know What was your Reply to the Querist/Author
Anirudh
(Expert) 13 August 2015
Dont try to wriggle. It was you people who acclaimed that some excellent explanation / reply was provided. WHAT WAS THAT REPLY?
IF in fact there was no such reply to the query of the querist, at least now show maturity and accept that no answer was provided.
Everything else would come next.
Guest
(Expert) 13 August 2015
What Is Your Reply to the Author Then.
Anirudh
(Expert) 13 August 2015
Repeat queries are not answered here.
Guest
(Expert) 13 August 2015
Obviously No Answer/Guidance From You To the Querist/Author Than an Advise of "Consult Your Lawyer"
Anirudh
(Expert) 13 August 2015
You fellows dished out something which cannot be even remotely called an answer to the query posted!!
Guest
(Expert) 14 August 2015
"You Fellows" What An Addressing?
Anirudh
(Expert) 14 August 2015
You don't deserve anything more!
Guest
(Expert) 14 August 2015
10 A.M. To 1 P.m I would be Busy Today.and If I Do Not Reply that Time Do Not Make Assumptions.
victimsaxena123@
(Querist) 14 August 2015
Sorry Folks but above wasn't professional at all from both.
You have chosen this platform for your fight instead of helping out.
Also, my kind request to all Lawyers. Don't ever suggest that consult your local lawyers. We all come here to get guidance or cross confirm single advocate's knowledge with due respect to him. He also may get some new aspect/judgement further.
So, kindly give your own suggestions on the topic.
Thanks.
Guest
(Expert) 14 August 2015
Dear Author,Though the Experts Could Provide Their Expert Suggestions,Advise for your Query Finally you have to Get In to Touch with a Local Good Advocate Only.If Some One is Up Set with the Suggestion She should have Come Out With the Best Advise Of Her Self Than Insulting Others.M/S Y Not Legal Services had Provided A Good Description of the Section Concerned which was Appreciated by Others.What is Wrong In That.If We Tolerate Such Comments They would Take More Advantage.Any How If you are Up Set I am Sorry about it and you are No Way Involved In It.
P. Venu
(Expert) 14 August 2015
In accordance with the provisions of Section 319 summoning an accused person as the additional accused is solely at the discretion of the Court. And this discretion requires to be exercised judicially i.e. by due application of mind through a reasoned order on the basis of evidence adduced before it.
The application made by the alleged victim is of no relevance as there is nothing before the Court that warrants the exercise powers under Section 319.
Even if the Court goes wrong, this could be corrected through revisional proceedings.
So, in my considered opinion, let the Law takes its course. There is no need to be over-cautious.
SAINATH DEVALLA
(Expert) 14 August 2015
This query has turned out into an unwarranted debate, such things should be stopped by the LCI. I feel its below my dignity to comment on the replies of Anirudh to Mr.Rajkumar,I leave it to his wisdom.
Finally Mr.Venu has concluded with his suggestions which are very apt.
victimsaxena123@
(Querist) 14 August 2015
Thanks very much Mr. Venu and Mr. Rajkumar for his professionalism.
Guest
(Expert) 14 August 2015
You are Welcome and Once Again Sorry For the Inconvenience Caused.
T. Kalaiselvan, Advocate 
(Expert) 15 August 2015
In my opinion, the author can consult his own lawyer on such issues involving day to day affairs, instead of straining to post the query here, the opinions to which, practically may not be able to follow except the advises of his own lawyer
