Help to counter: "code of criminal procedure 1973 v/s section 202(2) provision
Ashok
(Querist) 30 October 2011
This query is : Resolved
Dear Sir/Ma’am,
On February 23, 1991, around 1 a.m., some Police Men misused their authority and tried to kill my father and his friend so as to get reward. They shot my father and his friend in their legs and tried to frame them as naxalite with deliberately showing fake documents. My father always carried his licenced 12 bore gun (of my grandfather) with him (which he used to keep as folded in his handbag). They said that my father fired at police and in retaliation, these injuries are caused.
But truth prevailed and we won that case. But the complaint case (for Section 307 charges) which we filed against those police men is still in the Magistrate Court for last 20 years and charges are not still to be framed against those policeman. But it’s struck due to some complications in the case. I don't know much about the Laws but they say that it’s because of below clause:
"CODE OF CRIMINAL PROCEDURE 1973 V/S SECTION 202(2) PROVISION, if the complaint trilable by court sessions"
Note: Please find all the things in details in attached sheet.
bhupender sharma
(Expert) 30 October 2011
the magistrate has no option to commit the case to the court of sessions for trial if it disclosses. then he will examin all the witnesses of the compt. and sent it to the competent jurisdiction for trial under the afore said provision 202(2)
Ashok
(Querist) 31 October 2011
Dear Sir,
First of all, thank for your reply.
Isn't there any way, like Maen demas petition or something through which we can reduce the number of witnesses we want to get examined or provide fresh list of witnesses. There are already two eyewitnesses of the case who are being examined and they can again be examined if required. Our only problem is to remove the rest of the 15 names from the witnesses list. We just want it to be 7-8 people who are being examined(and can be examined again). Waiting for you reply eagerly
Arun Kumar Bhagat
(Expert) 31 October 2011
You ask your Advocate to produce all the witnesses available for their examination u/s 200 Cr.P.C. Thereafter the Magistrate shall issue process/summons or warrant against the accused persons.
Shonee Kapoor
(Expert) 01 November 2011
It seems a case of delay by the court.
Yes you can file Writ of Mandamus for the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ashok
(Querist) 01 November 2011
Dear Sir,
I talked to my Lawyer and he said that problem is from our side. We are the complainant and we provide the name of 25 persons in the first place.
So, if we will produce all the witnesses available for their examination using Section 200 Cr.P.C(i.e. in which case only 8 persons are available and 17 persons not available to be examined)then the charges we framed under Section 307 IPC won't be framed as it would be a matter of Court of session and Section 202(2) mandates that all the witnesses should be produced for their examination.
My Advocate said that if we file Writ of Mandamus then High Court will ask us only to produce witnesses as its our responsibility.
Is there any clause/ground/court law or something through which, we can reduce the number of witnesses we want to get examined on today's date or we can give fresh list of witnesses for the same case.
If above is not possible, Is it possible to file fresh petition for that case with new witnesses list though Case is 20 Years old. If Yes !! Please let me know the clause/ground/law or something.
Looking eagerly for reply.
Thank You very Much. You all have been a great help.
Ashok
(Querist) 06 November 2011
Please suggest some solution for above.
