Summon under sect 319 crpc
Giridhar
(Querist) 27 March 2019
This query is : Resolved
I had been falsely implicated to a case in 2011 u/s 294b, 323, 324, 343, 506 (ii). The I.O removed my name while framing charge sheet after I explained him that I were on the way to college and not in the spot.
The case is pending trial currently and while during witness examination, the complainant and his false witness mentioned my name again. From the eservices of court, I could find that a summon has been issued to me u/s 319.
I am yet to receive any summons so far, but in this hearing I found the comment as "PP Accused called absent. Issue fresh notice to PP accused by 02.04.2019."
1) What should I do, should I wait till the summon, or do I need to check with someone in the court.
2) Is it possible to prove it as false case despite the availability of false witness?
Here is a small background about the incident. My neighbor and my parents had problems related to drawing water from a common well. we obtained temporary injunction from the court to prevent his interference and we were drawing water from the well. On a specific day my neighbor took the fuse carrier which resulted in a quarrel. After this incident, he admitted himself in G.H and complained that my Mother, Grandfather and I had beaten him with wood and threaten to kill. He neither had any injuries nor swelling.
But my neighbor and his cousin who is acting as false witness is ready to testify that we had beaten him.
Dr J C Vashista
(Expert) 28 March 2019
Incomplete information can not lead to form an opinion and oblige.
Consult your lawyer for better appreciation of facts/ law, guide and proceed.