Reopening a criminal case after 3 years from time of judgement(copy not received))
Mahendra
(Querist) 26 June 2015
This query is : Resolved
10 Months back I have raised the following Question Which is after the Dotted Lines after the below sentences.
(THE PREVIOUS QUESTION IS AT THE END)
I got different replies from our Experts.
Some said that it is possible to reopen a Criminal case which is closed already at "ANY TIME"
1)if we had WON the case and
2)we are not satisfied with the Judgement and
3)that too If we have NOT received any Judgement Copies.
But some said opposite to those statements.
I personally went and enquired about this issue with a Lawyer(s)(2) and they are saying that it is possible to put up a Case in HIGH COURT but court May or May not accept it because already 3 years passed from the date of Judgement.
Is it right..?
IF yes why.?
1)The accused did a crime which still I am facing troubles with it(SEVERE INJURY ON MY FORE HEAD.DEPRESSED FRACTURE.Not yet recovered).
He paid a Fine of only 1000 Rupees and he is out.Why he should not be in a prison as a criminal to this society.
2)Medical Expenses will crosses 80,000/- for Me and the accused have not paid a single rupee for Me
3)Till now I don't have any official copy of the Judgement.I had not receive it till date.
Why It could not be count from the day I received the copy of Judgement..?
(i) FIR WAS BOOKED IN THE YEAR 2007
(ii) I got summons in the YEAR 2012 (WHICH MEANS AT LEAST 4-5 YEARS FROM THE DATE OF FIR BOOKED)
(iii) How can I expect the Judgement soon..?
Why because I got summons from court after 5 years after the case registered in PS,So I expected the judgement may come after some long time..?
Please Help Me out in this Issue
Thank You.
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THE QUESTION WHICH I ASKED 10 MONTHS BACK
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*QUESTION*:
In the year 2007,The days when I am in college one if My classmate beat Me and I got a Depressed Fracture on My Forehead(SERIOUS INJURY).I gave a complaint in the Police Station and the case was booked [UNDER SEC.324] .
After a long period .i.e.; in the year 2012 (MARCH) I got a summons from the District court to attend the case and to give My witness. I gave My witness and there is no judgement on that day and I returned back to Home.
Recently, I came to know that the case is Closed and judgement is that the [IPC Sec.324] on which the accused is booked is changed to [IPC sec.322A] in this case and Culprit was Fined of only Rupees 1000/-.
Even though I Won the Case I am not Satisfied because,the expenditure for the treatment for the fracture which I got on My forehead is already Rs.20,000 and above.
For the operation to that fracture is expected to be atleast 60,000 Rupees which is not done till now.
But the Culprit was fined Only Rs. 1000/- .
So I asked few people whether it is possible to RE-OPEN the case after 2 years from the day of Judgement (MARCH 2012) as I already Won but not satisfied.
But I am not getting a proper Answer.
Incident happend in Oct. 2007
Judgement given on Mar. 2012
(I won the case)
IS IT POSSIBLE TO RE-OPEN THE CASE NOW..?
(i.e; In August 2014 - ALMOST 2 YEARS 4 MONTHS FROM DATE OF JUDGEMENT)
REASON FOR DELAY: IS DUE TO FINANCIAL PROBLEMS
I WANT TO APPEAL IN HIGHER COURTS IF POSSIBLE . HELP ME OUT IN THIS ISSUE
Dr J C Vashista
(Expert) 26 June 2015
Too long story and not a query. Consult your lawyer.
