Sec dv act
Arvind Singh Chauhan
(Querist) 31 October 2016
This query is : Resolved
Sir,
Two years back I filed complaint under SEC 31 DV Act for breach of protection order.
Erstwhile JM issued notice to opposite party and after objection, proceeded to evidence.
Now new JM says procedure adopted was wrong and matter should be tried as procedure provided for private complaint in Cr.P.C.
My submission is that though, procedure provided in CrPC should be applied, but court is free to adopt it's own procedure as provided in DV Act.
Second submission is that if court has adopted wrong procedure, there is no fault on the part of my client, he is innocent.
1. Sir in such a situation what should court do. Whether opposite party should be acquitted.
2. Whether court should start form beginning, if yes what would be of limitation issue and time and money spent by innocent client.
Plz enlighten me. and refer case law if any.
P. Venu
(Expert) 01 November 2016
The only solution is in approaching the Higher Court.
Rajendra K Goyal
(Expert) 01 November 2016
Full case file need to be referred, no advice in the given circumstances.
adv.bharat @ PUNE
(Expert) 01 November 2016
Consult local lawyer and approach higher court.
Arvind Singh Chauhan
(Querist) 02 November 2016
Goyal Sir. In this case after objection of OP all prosecution and defence evidence has been recorded and file is on arguement.
Sir Main issue is if court after taking all evidence, at the stage of argument
says procedure adopted by earlier JM was wrong. What should court do keeping the position of innocent client in mind. Who is responsible.
@ Venu Sir we would have to face same problem in higher court. What should I plead in higher court ?
Sir Plz.
Guest
(Expert) 02 November 2016
Attention Mr. Kumar Doab,
Since he feels pleasure in providing solution to academic queries, he may probably be happy in providing solution to ifs, whats and who of the academic query of the author, "if court after taking all evidence, at the stage of argument says procedure adopted by earlier JM was wrong. What should court do keeping the position of innocent client in mind. Who is responsible.
Arvind Singh Chauhan
(Querist) 05 November 2016
Thanks DHINGARA Sir for feeling my agony. I am facing the real problem. So I again request to seniors to contribute more.
Rajendra K Goyal
(Expert) 05 November 2016
If the court has observed and recorded the findings, either to proceed as per procedure mentioned by the court or go for appeal.
