Re-opening of Criminal Case
Paul Moses
(Querist) 28 June 2014
This query is : Resolved
My mother had filed a complaint with senior police officers and the concerned police station had lodged an FIR u/s 420 & 406 and also given an endorsement calling him a culprit and even things were seized & witnessed to the court. He was sent to judicial custody and was released on conditional bail. Later on we were told by d police that the hearing where i m witness is supposed to happen in June while last week that the case was disposed by the court wtht infrmng or calling the complainaint or witness to court. There was also another FIR u/s 506,507 & IT Act on the same person along with his sister and with evidence.Yet this was as well close
d in the same manner. Also
we were intimidated from stpng us to pursue the cases & influence ws used by the other party in the case. Now say a lawyer reopens d case or challenges it , with evidence and also allege gross manipulation of evidence as there is evidence to that, can he request an arrest warrant from the court or is it issued post the fir is reopened. ?
Paul Moses
(Querist) 28 June 2014
We were told the next hearing is i June while the case u/s 420 & 406 closed in March itself. In the other FIR u/s 506,507 & 66a IT Act on the same person and his sister in another PS the case was closed without even informing us or telling us what investigation has been done when we had submitted ample evidence.
Paul Moses
(Querist) 28 June 2014
Dear Mr Barman, Does this positively reflect on the case?
Paul Moses
(Querist) 28 June 2014
Sorry, the above comment to mr barman s posted by mistake.
Devajyoti Barman
(Expert) 29 June 2014
The query is not clear on the point of closure.
Confirm whether Police has submitted any charge sheet.
If charge sheet is submitted then first charge will be framed and then de facto complainant will be summoned.
Summon is not sent once, it can be sent several times unless de facto complainant is present in court.
So mere absence of you in one or two occasion will not close the case.
If Final Report is submitted by police then also without hearing the de facto complainant, the case will not be closed.
So come up with clear facts.
Paul Moses
(Querist) 29 June 2014
Dear Mr Barman. Yes chargesheet was files as well as no summon or repeated summons sent and we were misguided by police that hearings are in June when case itself was closed in March. If this is challe ged in the court.will an arrest warrant be issued again
P. Venu
(Expert) 29 June 2014
You can obtain information regarding the FIR and decide future course of action, if any.
Devajyoti Barman
(Expert) 29 June 2014
Has the court acquitted the accused person?
If yes then prefer appeal in higher court. First take certified copy of the order passed finally.
