PWDV Act 2005 -CR.P.C.

Querist :
Anonymous
(Querist) 03 December 2010
This query is : Resolved
Sec 28 of PEDV Act states that all proceedings U/S 12,18,19,20,21,22& 23 & 31 shall be governed by the provision of Cr.P.C.,1973
The Respondents filed its reply on the complaint of the complainant rebutting all the allegtion by providing evidence. On the Magistrate asked the complainant to file the Rejoinder on the date of arguments on Interim Relief U/S 23.
The complainant didn't file the Rejoinder. What would be interpreted .Is it not that the complainant has admitted all the rebuttal given by the Respondent. Is there any Citation on this then kindly provide.

Querist :
Anonymous
(Querist) 03 December 2010
sorry Kindly read PWDV Act instead of PEDV Act .it was typing error.
Devajyoti Barman
(Expert) 03 December 2010
Mere not filing of rejoinder iis not treated as admssion by the complainant. Otherwise then the respondednt should be given chance to file counter against the rejoinder, then again rejoinder making the whole process a never ending one.
So proceed with your case. There would be no adverse presumption against the complainant.