Section 320 of crpc for ipc 323,504
randheer
(Querist) 23 April 2015
This query is : Resolved
Whether section 320 may be applicable in ipc 323,504 upon only one of the accused if rest accused is not being appeared before court.
Devajyoti Barman
(Expert) 24 April 2015
give details else I term it as an academic query.
P. Venu
(Expert) 24 April 2015
Please disclose the complete facts and the real problem, if any.
Guest
(Expert) 24 April 2015
Discuss your real problem, not academic queries.
randheer
(Querist) 24 April 2015
R /Sir,
a case was filed under ipc 323,504 against 4 friends including me in 1998.I got bail and appearing before court regularly.Rest accused are not coming.Court has issued NBW against them still they are not coming.I applied to separate my file but it is not considered by court and they are waiting for them .Complainant is ready to withdraw/compound the case but my lawyer told that it is possible when your file will be separated.Pl guide us.I m very frustrated as i did not do any thing wrong against the complainant and it was a fake complaint.Complainant is feeling my pain but i did not find the way to get rid off so far.
Please help me.
SAINATH DEVALLA
(Expert) 24 April 2015
Case filed in 1998 and still going on.Can U just mention the details of the case briefly.
randheer
(Querist) 24 April 2015
I think you have not solution of my problem.very disappointed.I m very sorry if i said any thing wrong.
Thanks experts.
Dr J C Vashista
(Expert) 25 April 2015
What does your lawyer advise you on the subject matter since s/he is well aware about the facts of the case, which you are mentioning in this query in bits and pieces?
If you have got the answer/satisfied that the experts "have no solution of my problem, very disappointed.." then leave this page/platform for ever and consult your lawyer, no one has invited you.
It is a public platform where experts are doing service to the community "free of cost". The author must feel obliged.
Bad manners.
Guest
(Expert) 25 April 2015
Dr. Vashista ji,
From the posts of the querists, it becomes clear, either the lawyer of the querist is brainless and dull, who has allowed the case to continue for all the 17 years (1998-2015) without finding any solution to his problem, or the querist is oversmart to hoodwink the experts here with his academic query to be his personal problem.
Guest
(Expert) 25 April 2015
Mr. Randheer,
Your statement, "I think you have not solution of my problem," indicates, either both, you and your lawyer, are brainless or you consider the experts brainles not to be able to understand your fabricated story. Nobody should be expected to provide solution to fabricated stories.
The solution is quite simple, which it seems neither you nor your lawyer could think about for all the 17 years, which again tends to prove my observation about you to be true.
When you say, the other three are your friends, the question arises, what made you not to ask or compel your friends to appear before the court, while the complainant is ready to withdraw/compound the case. The question arises, what type of their friendship is that they make you suffer intentionally, if you are really in trouble? When you say, "Court has issued NBW against them still they are not coming", a pertinent question arises, are your friends criminals of top ranking that they would have found shelter in Pakistan or some other country that police would not have been able to catch hold of them for all the 17 years, in spite of NBW against them?
Further, another question arises,is there any restriction from the court for the complainant not to withdraw the case?
If even 1% of your story is true, the ultimate solution is quite in your own hands. What you are waiting for to solve your own 17 years old problem? Why not produce them before the court and get the case compounded if the applicant is willing to withdraw/ compound the case or get your case separated from others for trial and to get compounded.
randheer
(Querist) 25 April 2015
Respected PS Dhingra Sir,
First of all i would like to thanks you from the bottom of my heart.I think i got the answer of my query.Secondly i would like to say that sir i am not a legal person and my case is not a fabricated story.Even the case is registered in 1998 but i got information in 2012.Since then i am perusing the case.I changed two lawyer but now after reading your reply it seems that my lawyer is making me fool.All of the accused and complainant are residing in different states of India.My lawyer told that case can be compounded after framing charge upon all of the accused.But as per ur reply it can be compounded.Respected sir pl provide the solution of my last query if possible :Is it possible to compound the case in the absence of rest accused.Is it possible to withdraw the case of 323,504 ipc?My local lawyer told me that it is not possible to withdraw criminal cases. Me and complaint are in touch but rest of the accused are not in my touch.
I promise i will not bother u again.
SAINATH DEVALLA
(Expert) 25 April 2015
Dear Vashisthaji and Dhingraji,
Both of U have unnecessarily taken pains in elaborating the query. I would put it in a nutshell, The total query is false or imaginary only to gather academic knowledge,hence it can be stopped here.
randheer
(Querist) 25 April 2015
Respected SAINATH Sir pl try to understand my pain.It is not academic query.It may be a very small issue for u but it disturbed my life due to lack of my legal knowledge as i m not a legal person.
SAINATH DEVALLA
(Expert) 25 April 2015
U R not sincere in presenting UR case, deviating from the original post.If U had legal knowledge why would U come here.
Biswanath Roy
(Expert) 30 April 2015
Ss.323 &504 IPC, both are non cognizable, bailable and compoundable offenses so amicable settlement with the complainant is possible but prolonging trial of such offenses for long seventeen years seems as fuzzy. Your grievance can be remedied by the High Court of your State but in that event you shall have to apply for the certified copies of entire case records urgently from the Magistrate's Court. Consult a Senior lawyer of the High Court who is an expert in criminal cases.
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
Even in my opinion it appears to be an academic query. From where did the police catch you on such offences being registered in 1998and after 14 years they brought you to the court? You are playing smart with the experts here.
