When accused permitted to be heard by jfmc.
Querist :
Anonymous
(Querist) 16 August 2017
This query is : Open
Respected expert Sir's
Recently I am facing a trial in a case under 354 ipc.The allegation is that the subordinate Clerk had some grievance from me regarding official action in her favour which I had not complied ,so she alleged that I had touched her body in February 2010 and caught her hand.She made complaint before police & the Department and nothing was found ,closure reports were submitted by three police stations .Then she filed Writ petitions and writ appeals in high court and the High Court dismissed those petition/appeal, but in one of writ appeal Hon'ble High Court made a observation that if appellant wants then she can pursue a complaint case .So she filed the complaint case before JFMC and arranged two witnesses namely one is her made servant and other is her neighbour .That the above two witnesses made statement before JFMC that accused came to complainant house and while talking with complaint her "caught the hand of complainant ". and nothing .One of these witness say the time of so-called incident is in one morning in the month of Oct.-Nov.2010. where as other said separately on one day in evening at 8pm in Dec.2010.In this way they did not mentioned the exact date of so called cooked incident.How ever the JFMC took the cognizance under sec 354 and issued bailable warrant which was till date not delivered to accused/me , I just attended the JFMC due to news published in news paper ..I filed a application for recall of JFMC order but as there is no provision in Cr.P.C.for recall so JFMC has kept the application in abeyance ..I filed the MCRC petition in High Court against the order of cognizance but it was dismissed then I filed SLP in the Apex Court and that was also dismissed .Now trial is going to began shortly. I just want to know what action should I take further ,When I can get right to be heard by JFMC.He has fixed the date for statement of Chief -in-Examination i.e.complainant..Whether so called allegation of simply " caught the hand of complainant" comes under unamended section .354 to outrages the modesty of a 52 year aged woman by 64 year aged man .
Under section 313 crpc can I submit a written reply of private complaint petition with a chronology and list of of documents to be taken on record during my statements before JFMC for proper adjudication of the complaint .Further to inform you that this is a private complaint case and not based on the police reports.
.Please reply as early as possible.
Regards,
M.K.Mishra
S.B.adil rahman
(Expert) 16 August 2017
You have to face the trial now. You will be heard in person under section 313 Cr.PC after completion of prosecution and defence evidences. The best thing instead of going to High Court or Apex Court should have been to file a discharge petition under section 239 Cr.PC before framing of charge which you have lost.
Kumar Doab
(Expert) 16 August 2017
AQ.............so NO reply....
Kumar Doab
(Expert) 16 August 2017
Pls post with your ID..............
Querist :
Anonymous
(Querist) 16 August 2017
Thanks Sir,
Whether I can submit typed / written reply of complainant with list of chronology and other documents to be taken on record during my statement u/s 239 Cr.P.C..
Querist :
Anonymous
(Querist) 16 August 2017
Sir,
Sorry for mentioning section 239 because it is over, so u/s 313 of crpc can I submit a written/ typed reply of complainant with list of chronology and documents to be taken on record for proper adjudication of the complaint during my statement u/s 313 of crpc. It is a private complainant case and not registered on the basis of police reports
Regards.
Rajendra K Goyal
(Expert) 16 August 2017
No reply to query from an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Querist :
Anonymous
(Querist) 16 August 2017
Please see my modified query with identity.
Querist :
Anonymous
(Querist) 16 August 2017
Please answer the modified query.
Dr J C Vashista
(Expert) 17 August 2017
I stand with experts, no reply for AQ
S.B.adil rahman
(Expert) 17 August 2017
When the process of law starts it should end in the same way. Do not have you any advocate in your area court? Why you are not asking him the things which intrigue your mind? Do you not have finance? If so then please approach DLSA of your area to help you out. Law does not allow you to do all the things which you want. Even if you venture for adventure with the law then please submit in writing before the Magistrate what ever you want to write. If he accepts it then be happy and if he rejects it then again come with new idea and repeat the same process again. The best cheapest advice to you is that instead of wasting the time of the panellists, please buy a book of Code of Criminal Procedure 1973 and Evidence Act and Indian Penal Code and study it that which situation fits well in your case and take the decision. One more thing, if you personally plead your case then all follies will be forgiven by the trial Magistrate but the same things can not be done by an Advocate who is bound by Advocate Act and professional ethics. There is no harm in entering in to adventure with the law. Adventure is very good thing. Had Columbus not been adventurous America would not have been discovered.
Querist :
Anonymous
(Querist) 18 August 2017
Thanks Mr. S.B.Adil Rahman Sir,
Please enlight me that under section 313 crpc can I submit a written reply of private complaint petition with a chronology and list of of documents to be taken on record during my statements before JFMC for proper adjudication of the complaint .Further to inform you that this is a private complaint case and not based on the police reports. .Please reply as early as possible.
Regards,
M.K.Mishra
