False Criminal complain

Querist : Anonymous (Querist) 01 April 2010 This query is : Resolved
A false private complain was filed by using other party's mou in support of his complain and by suppressing accused foreign nationality for securing jurisdiction of the magistrate court.The Magistarte issue the process without application of mind that entire alleged offence had taken place outside India and accused is foreign nation and that complain is filed on forged document.Is accused obliged to obey such order who live abroad? Pls.advise

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adv. rajeev ( rajoo ) (Expert) 02 April 2010
Yes he has to oblige the order of the court. He can file a discharge application after appearing in the case or he may file a challenge the process in the High Court

Sukhija (Expert) 02 April 2010
I agree with expert rajiv's views

G. ARAVINTHAN (Expert) 02 April 2010
file discharge petition. after acquittal, sue for malicious prosecution

Raj Kumar Makkad (Expert) 02 April 2010
Such person can directly approach High Court seeking quashment of proceeding pending before lower court under section 482 Cr. PC and he has no need to fist appear before trial court.

bhagwat patil (Expert) 02 April 2010
challenge the process in the High court.

Querist : Anonymous (Querist) 02 April 2010
Thanks tou all for quick response but why an annocent accused spend lakes of rupees to come to India and spend time and money just because of fault of the magistrate who him self does not follow the law.As per recent supreme court judment in similar circumstance but on diffrent subject matter of Fatima bibi v/s State of Gujrat(http://indiankanoon.org/doc/1882399/)made very clear that If the provisions of said Acts have no application as against the appellant, the order taking cognizance must be held to be wholly illegal and without jurisdiction.Therefor if the taking cognigence it self is illegal then surely subsequent process ,summons followed by warrant for non appreance in his court also beome ilegal order of the magistrate.The innocent accused tried to bring this to the notice of the magistrate but he refused to decide upon jurisdiction and insist upon accused presence.Why the innocent accused follow the order of the magistarate which has no legal sanction and take trouble to visit India and spend time and money to quash the false complain at the high court.

Guest (Expert) 02 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
IT SEEMS THAT ACCUSED TRIED TO CONVINCE MAGISTRATE BUT HE COULD NOT SUCCEED.IN CASE ACCUSED IS NOT QUASHING THE COMPLAINT FROM THE HIGH COURT THEN HE HAS TO ATTEND THE MAGISTRATES COURT OR ELSE WARRANT WILL BE ISSUED AGAINST HIM AND HE WILL BE ARRESTED.
HENCE IT IS ALWAYS PREFERABLE TO SPEND SOME TIME AND GET THE COMPLAINT QUASHED FROM THE HIGH COURT.
IN CASE HE IS NOT ATTENDING JMFC COURT HE WILL BE DECLARED ABSCONDING AS IT SEEMS HE ALREADY ATTENDED THE JMFC COURT AND TRIED TO BRING TO THE NOTICE OF THE COURT ABOUT JURISDICTION.
KINDLY NOTE THAT THIS IS A CRIMINAL CASE AND ACCUSED IS HEARD WHEN ENTIRE EVIDENCE OF PROSECUTION IS BROUGHT ON RECORD.IT IS MORE SERIOUS THAT JUST A CIVIL SUIT WHERE RESPONDENT HAS SOME SAY .PLEASE NOTE.
DO NOT TAKE RISK.GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKS AND REGARDS.

Querist : Anonymous (Querist) 03 April 2010
The Fact of the matter is that accused attended summons date in person but magistrate without giving any chance to accused,insisted upon bond to which accused refused and called his lawyer and then also refused to listen to the plea.Later on accused had to return to his country but tried to file an application objecting to the locus standi of the complainant and jusrisdiction issue but magistarate didnot entertain any such application and insisted upon the accused presence.If you all thinks that 482 is only solution for accused then is there any relevance of Sec.201 and 322 of Cr.P.C. and judgement of the highest court of the land.Is magistrate aboe all these?

False Criminal complain

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