Legal validity of an order
Querist :
Anonymous
(Querist) 23 July 2017
This query is : Resolved
Accused released on regular bail on 3-12-2013, under section 354, 323, 504, 506 and section 3(1)(x) of SC ST Act. Since then accused was continuously appearing before the court but prosecutors failed to comply with provisions of CrPC 207 for 16 months till 23-03-2015.
Judicial Magistrate passed an order to issue NBW on 03--8-2015 without recording any reason as to why he reached a conclusion that accused will not voluntarily appear before the court on next date.
But Judicial magistrate never handed over this NBW to the police and again passed orders to issue NBWs on 23.09.2015, 21.11.2015, 21.01.2016, 26.03.2016, 04.05.2016 but non of these NBWs were sent to police for execution.
accused moved recall applications on 27.06.2016, 19.07.2016 and 10.08.2016 but JM dismissed and passed orders to issue NBW on 25.07.2016, 16.08.2016, 09.09.2016, 26.09.2016 and 82 & 83 on 26.09.2016.
Accused approached HC and HC stayed all proceedings. Opposition contacted the counsel of the accused and counsel of the accused prayed for such a relief which was not prayed in petition (and without consent of the accused and without informing the accused )
HC passed following order-
1. Accused applicant shall appear in person before the trial court ..........;
2. When the applicant appears in person before the trial court and moves an application for substitution of surety, same shall be considered on the same day;
3......
4.......
Now, I want expert comments on the following question of law-
1. Whether the counsel of the accused committed criminal breach of trust in the light of Advocate Act or not?
2. Whether JM magistrate committed contempt of Hon'ble Supreme Court's guidelines or not?
3. Whether the order passed by the Hon'ble HC is legally valid in the light of Article 22 and advocates act or not?
4. Where is entire proceeding against the accused infringement of his fundamental Rights under article 21 or not?
kavksatyanarayana
(Expert) 24 July 2017
No reply will be given to an anonymous query. anyway how are you concerned with this query? and the facts expressed are not sufficient. state full material facts.
Dr J C Vashista
(Expert) 25 July 2017
No reply for an anonymous author, posting such a long story.
I do not have time to go through and advise you FREE OF COST?
Querist :
Anonymous
(Querist) 25 July 2017
Please let me know, how can I delete my account ... I am not satisfied. Best Regards
