section 500 i p c
Querist :
Anonymous
(Querist) 08 May 2011
This query is : Resolved
Sir i am a new lawyer. i have filed a case u/s 500 ipc. Summons were issued to the accused. she appeared in the court after a long delay. her statement was recorded by the magistrate and since then she is regularly abstaining due to one or the other reason. even i am not knowing the process in these type of cases. kindly guide me about the complete process to follow step by step.
the accused has blamed the wife of elder brother of her husband of having illicit physical relation with her husband for which she has no witness , evidence or proof.
they are already into dowry,498a,domestic violence,125crpc,sec13hma.
PARTHA P BORBORA
(Expert) 08 May 2011
This is the problem with the new lawyers. advocacy is a profession wherein a GURU is necessary ( GURU means Senior) to know the procedures followed in the court. you cannot learn such things by only reading books or asking someone.
As you are a junior lawyer I am not providing you the answer. Before filing a case in a court of law you should attend a chamber of a senior lawyer first to learn
the art of advocacy.
Because if you do not know the basic things, how you provide adequate legal assistance to your client? you are in the wrong track. So, being a legal professional i advice you to attend the chamber of a senior lawyer first.
Hope you understand.
with all of my good wishes
Guest
(Expert) 14 May 2011
SIR,
KINDLY NOTE THAT.
1YOU HAVE ALREADY FILED A CRIMINAL COMPLAINT AGAINT ACCUSED UNDER SAID PROVISIONS FOR DEFAMATION.
2.PROCESS WAS ISSUED AND ACCUSED APPEARED IN THE COURT.
3.YOU MAY SUBMIT APPLICATION FOR WARRANT AS THE ACCUSED IS REMAINING ABSENT ON COURT DATES.COURT WILL PASS ORDER AND ORDER THE POLICE TO PRODUCE THE SAID ACCUSED IN COURT.
4.YOU MAY EXAMINE THE COMPLAINENT IN COURT TO PROVE HIS COMPLAINT.THEN THE ADVOCATE FOR ACUSED WILL CROSS EXAMINE THE SAID COMPLAINENT.
5.YOU MAY EXAMINE THE OTHER WITNESSES TO PROVE THE DEFAMATION IF WRITTEN THEN PRODUCE RELEVENT DOCUMENTS IN COURT.
THEN THE STATEMENT OF ACCUSED WILL BE RECORDED IN COURT.
6THE ACCUSED CAN EXAMINE THE WITNESS TO PROVE HER INNOCENCE AND HER ADVOCATE WILL EXAMINE IN CHIEF AND COMPLAINENTS ADVOCATE CAN CROSS EXAMINE THE SAID WITNESS.
THEN THE COURT WILL FIX THE DATE FOR ARGUMENTS OF ADVOCATE FOR COMPLAINENT AND ADVOCATE FOR ACCUSED AND AFTER HEARING BOTH NEXT DATE WILL BE FIXED FOR JUDGEMENT.
SIR YOU MAY KINDLY SEND DETAILS OF ANY CIVIL OR CRIMINAL COURT OR ANY OTHER COURT MATTER,WILL HELP YOU .GOOD LUCK.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.GOOD LUCK.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI)ADVOCATE
Sarvesh Kumar Sharma Advocate
(Expert) 08 May 2011
