magistrate not discussing the citations relied by defence counsel , any remedy ?
WHATSAPP 91-8075113965
(Querist) 12 June 2011
This query is : Resolved
sir,
i have a doubt . usually, now -a-days, it is seen that , trial court judges will not make any mention of some of the points argued before the court, or the citations relied up on by the party in the judgement. (may be because of, for want of time.) .BUT, it really affects the case, at the appellate stage also, as there will not be any discussion on such points or citations relied, in the judgment .
so, in order to patch up this, i used to file , argument notes , also, explaining in detail , the points i am urging and the citations i am relying. still, it was not seen discussed in the judgement. so, i verified with the case file of the court from the office. it was a shocking news for me to know that it was misplaced somewhere by some court staff and is not in the case bundle.and, when, i submitted this matter before the hon'ble court, the concerned judicial officer's reply again shocked me ! the court's view was somewhat like this that i have no authority to verify court bundle and if any document was found missing , it could be removed by me itself and may be complaining against court staff, as the court has already convicted the accused.
then, i have tried to see whether there is any evidence to show that i have filed an argument note, by searching registers kept in the office .
but, i was told that court fee registers are kept in civil courts only. here in , magistrate courts, no such registers are usually kept as per kerala criminal rules of practice .
i just want to know whether the court and court staffs were right or i am right or all are right ?
SALIL KUMAR.P
ADVOCATE
THALASSERY-670 101
MOB : PH: +91-9447536929
+91-9061435365
advocatesalil@gmail.com
Arun Kumar Bhagat
(Expert) 12 June 2011
Next time you file your notes along with a petition and not down the number put on the petition.
Advocate. Arunagiri
(Expert) 12 June 2011
File a written arguments. The magistrate is bound to refer the citations, if it is relevant.
Guest
(Expert) 12 June 2011
the magistrate can simply discard them as not applicable to the case in hand. The only proof is to file it under 314 of the Cr.P.c. Then the citation will be reflected in judgement.
prabhakar singh
(Expert) 13 June 2011
The Code of Criminal Procedure, 1973 (CrPc)
314. Oral arguments and memorandum of arguments.
(1) Any party to a proceeding may, as soon as may be after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.
(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.
(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(4) The court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.
MR.S.GANESAN IS RIGHT IN HIS OPINION.I AGREE WITH HIM.
PALNITKAR V.V.
(Expert) 14 June 2011
Grievance made by the author is that though he filed written arguments, the same did not find place in the judgment. Later the written notes were also found missing from the file! If true, its really shocking. I would advise him to apply for certified copy of the written arguments as soon as they are filed. Once you apply on the same day for certified copy, there are no chances of misplacing it.
WHATSAPP 91-8075113965
(Querist) 08 July 2011
thanks all our experts .
But, only Mr.palnitkar v v was somewhere near my question.
i have filed the argument notes u/s 314 CrpC with on the point citations. But, here in kerala , ( i don't know , how it is in other parts of india ) no court-fee-register is kept in magistrate courts, as it is kept in musfiss courts. so , automatically , there will not be any No. for such argument notes filed , if any also .so, i am told that court is not bound to give certified copy of the such documents "alleged" to have been filed by me .
this is the point i want to clear.
is this procedure correct according to the criminal rules of practice ?
is there any remedy ?
there are so many other minor and major bitter experiences a junior lawyer has to experience , while practising before
a trial court , as the procedures adopted by one magistrate differs from another altogether , while, i think, before a high court or supreme court it is uniform .
