Filing of rejoinder to the counter filed by the public prosecutor in a register the complaint direct
Vijaya Poornima
(Querist) 02 September 2011
This query is : Resolved
Sir,In a direction petition to register a complaint before the HC, the public prosector has filed a counter as per the court's direction. It contained some misleading facts,for which I wanted to file a rejoinder petition. Based on the counter, the concerned inspector has closed the CSR on the ground of Mistake of Fact. I wanted to prove the court that the facts stated in the counter is no true and also one of the witnessess for whom notice under Sec. 160 Cr.P.C. was given was not at all enquired.Without conducting a proper enquiry, the CSR was closed. Now guide me what should i do? also give me a format for filing the rejoinder to the counter?
prabhakar singh
(Expert) 02 September 2011
you can file rejoinder,no problem.Have you not engaged a counsel.how format will do for you.??
Vijaya Poornima
(Querist) 02 September 2011
Sir,
Im also an advocate. New entrant into this profession. Pls guide me sir.What is the legal remedy avb to me if the witnessess for whom notice U/s. 160 was served but not enquired?.What action can I take against the Inspector? What is the format for filing a rejoinder? Pls guide me.
prabhakar singh
(Expert) 02 September 2011
No special format is required.It is just like an affidavit.you filed affidavit ,they filed counter affidavit ,now the affidavit will file shall be called REJOINDER AFFIDAVIT.YOU SHALL BE REPLYING IT PARAGRAPH WISE BY RULE OF ADMISSION AND DENIAL AND FURNISHING NEW FACTS DESIRED AT RELEVANT PLACES.
Vijaya Poornima
(Querist) 02 September 2011
SIR,
WHAT IS THE POSITION OF LAW WHEN NOTICE U/S. 160 CR.P.C IS SERVED TO A WITNESS BUT SUBSEQUENTLY THE WITNESS WAS NOT ENQUIRED. WHAT IS THE LEGAL REMEDY AVB TO ME?
Devajyoti Barman
(Expert) 02 September 2011
At the time of trial you would get ample opportunity to unearth the falsity of the allegations.
In the meanwhile do not fail to file Protest Petition with regard to that Final Report.
Raj Kumar Makkad
(Expert) 02 September 2011
Every person to whom notice under 160 Cr. PC is given do not even appear before IO so this is not a big issue and merely on this ground, you cannot describe the whole enquiry as absurd. You stepwise defend your case instead of doing all in a single day.
Vijaya Poornima
(Querist) 03 September 2011
But how will the police will file a final report. only CSR is given. In the above case, the said witness has been appeared before the court but she was examined. Im for the defacto complainant and my complaint is w.r.t a cognizable offence. can I file a pvt complaint before a magistrate court? if yes, means what should be my prayer?.
PARTHA P BORBORA
(Expert) 04 September 2011
POLICE RECORDED STATEMENTS UNDER SECTION 161 CR. P.C. IT DOES NOT MEAN THE STATEMENTS MUST BE RECORDED IN PRESENCE OF THE WITNESSES. POLICE MAY ASK ABOUT THE INCIDENT CASUALLY AND LETTER HE MAY WRITE IT AS 161 STATEMENT. IT NEITHER REQUIRED ANY SIGNATURE OF THE WITNESS NOR THIS STATEMENT IS CONSIDERED AS EVIDENCE DURING TRIAL. 161 STATEMENTS USUALLY USED FOR CORROBORATION AND FOR CONTRADICTIONS ONLY.
NO COURT OF LAW CAN INTERFERE WITH THE INVESTIGATION CONDUCTED BY POLICE, EXCEPT A HIGH COURT.
