Guidance regarding 482 crpc
Ankit
(Querist) 09 July 2017
This query is : Open
1. On 26-04-2000 a person submitted an application in court under section 156(3) CrPC stating that on 11-04-2000 neighbor entered my house at 6 pm and did obscene act with my wife. My wife gave written complaint in the police station on 11-04-2000 for the same.
2. On 23-5-2000 libel / complaint (parivaad) was filed in the court. Court called for investigation report from the police. Police sent the final report closing the case and one other report 182 IPC against the complainant.
3. Under 200 and 202 CrPC court had taken witnesses and then sent summon to the party under section 204 CrPC. In summoning order court has not even mentioned anything about the police report.
4. Under 244 CrPC there were evidences from 3 witnesses, all of them claimed time of incidence as 6 pm and went to police station at 6.30. The lady with which the incident happened claimed that the time of incident is 2 pm and said she went to police station at 6:30 pm.
5. On the argument on the charge we said the victim is claiming time of incident as 2pm while others are claiming it as 6pm, but court framed the charge on accused.
6. All the proceedings are going on libel and 156(3). The original written complaint filed by the lady on 11-04-2000 is neither with the police and nor in the court files.
7. Without original complaint and victim claiming time to be 2 pm and rest claiming 6 pm. If we file a revision in High Court under section 482 CrPC then according to you will the case be closed?
Please guide us in the above matter and guide us with any ruling regarding the same. It will be great if we can contact you via phone.
Rajendra K Goyal
(Expert) 10 July 2017
How are you concerned?
Looks moot court problem.
Dr J C Vashista
(Expert) 11 July 2017
The complaint/incident pertain to the year 2000 i.e., about 17 years before, isn't it? What is the grievance at this stage?
Whom do you represent, if it is not a moot court topic or a hypothetical story?
Ankit
(Querist) 11 July 2017
I am the accused in this case, I want strict action to be taken against the complainant as he is continuously filing false cases against me.
Ankit
(Querist) 11 July 2017
I am not pretending to be accused, I am the one and I am not sure about your location but I am in Uttarakhand and struggling with few cases most of them started around 1992-93 and still they are no where.
Regarding this case, the victim (claiming herself that), is just lingering things to delay the process and just want to harass me and she and her husband has filed atleast 7-8 cases against me starting from hitting her/ assaulting her to kidnapping some third person.
Ankit
(Querist) 11 July 2017
If you dont have any answer to the question the please dont reply to it. You are unneceasarily increasing the question answer chain. I have visited this site earlier also and also got proper response which helped me in my various cases. Please dont take it personally and answer only those queries of which you are capable of.
