Action against magistrate for vitited procedings
Guest
(Querist) 14 October 2011
This query is : Resolved
A Crl. M.C. was filed by accused against summoning order.
Upon calling for Trial court record it was revealed that:
Application under 156 was still pending and no reder was passed upon it, while the summons was issued under IPC, for cognizable offences like , 353, 354, 506,323, 34.
LCR was incomplete and no copy of summons was on record.
A lot of unconcerned papers were attached to the file without any endorsement and reflection in orders for admission of these documents as evodence from any party.
Now I want to ask:
1. whether, we can make a complaint against magistrate for vitiated proceedings as it is settled that first of all order will be passed on application under 156 only thereafter summoning will be done.?
2. Can we file an application under 340 CRPC for tampering record of Trial court?
3. How to get all defects of case rectified?
4. Can we file an application under 379 CRPC pointing out the irregularities committed in the case or we should file a seperate revision petition for the same purpose praying for transfer and retrial of case as per procedure.
5. Can we claim for compensation as the case has been dragged for 3 years with such irregularities on record?
prabhakar singh
(Expert) 14 October 2011
To admit frankly ,i am not a practicener in criminal law and matters are relating to procedure,if rightly adopted or wrongly,then it becomes a topic beyond my authoritative reach.
Then some one may ask me why at all i am touching it.
My answer is your yesterday post where especially referring to me ,you said if i am framing the answer or stunned at all.
Guest
(Querist) 14 October 2011
NO. I RESPECT AND CONCEDE OPINIONS OF ALL EXPERTS ON THIS SITE AND A FAN OF SOME LD. EXPERTS.
AS YOU HAVE RESPONDED RECENTLY TO MY QUERIES FIRST TIME, SO I GAVE U A MESSAGE FOR PAYING ATTENTION TOWARDS MY QUERY AND IT WAS NOT PVT.
THIS POST IS OPEN FOR ALL LD. EXPERTS.
Arun Kumar Bhagat
(Expert) 14 October 2011
NO. I RESPECT AND CONCEDE OPINIONS OF ALL EXPERTS ON THIS SITE AND A FAN OF SOME LD. EXPERTS.
Which Expert?
Guest
(Querist) 14 October 2011
u r one of them arun ji.
kindly resolve this query also.
i shall be thankfull to u.
