200 cr.p.c process

From your statement of facts I presumed that 3rd. June was fixed by the Judge to consider whether or not there is any cogent reason to accept the petition for recalling the order of non-bailable warrant of arrest of the accused.  Unless non-bailable warrant will be recalled further proceeding cannot be started.. So,the question of re- examination of the complainant and witnesses does not arise at this stage. 

Sir,

On 3rd June ,all the accused appeared in the court. When the lawyer on behalf of accused starting arguing  with the Judge that he has to cross examine the complainant and the two witnesees.Then the judge asked that lawyer -" You wan't to cross examine ?you read the cr.pc carefully " and then the Judge asked our lawyer '" Why you have not processed NBW ? and then the Judge given the next date as 29th June 2014.

Now next what will happen ? Is there any chance for our lawyer to process NBW to the accused atleast now(i.e) before 29th June? How can we resist the accused recall petition ?Please give your valuable advice. Your help is highly appreciated.

Thanks,

Narayana Swamy

Quote the entire order delivered on 3rd. June in writing.

You cannot prevent court from giving bail to the accused, you can contest the recall petition at that time, by filing you objection.I think No court will take cognizance of  case under 153A IPC without  prior sanction from state or cental government. under section 196(1) or crpc.

The Learned Judge rightly said to the lawyer of the accused " you read the Cr.P.C. carefully" because he lacks knowledge in Cr.PC.  After examination of the complainant u/s.200 Cr.PC the following courses are open to the Magistrate,namely,-

1. Issue of process against the accused u/s.204, for the purpose of trial, after taking cognizance, where he finds sufficient ground for proceeding

2. Inquiry or investigation u/s.202, postponing issue of process.

3. Dismissal of the complaint u/s.203, where the examination of the complainant  and his witnesses and/or the inquiry or investigation discloses no sufficient ground for proceeding against the accused.

After proceeding with sec.200Cr.PC there is no scope to recall the order of Cognizance as prayed by the lawyer of the accused.

First of all, yur lawyer should not have stopped the process of execution of NBW.  Even now, as per your statement, the NBW against the accused have not been recalled (?), if so, your lawyer can file the process for execution of NBW against the accused before the court any time now before the opposite lawyer files an advance hearing petition for filing warrant recall petition u/s 70(2) of Cr.P.C, subsequent to which you can put pressure on police to arrest the accused by executing the warrant.  You have to it fast before the opposite lawyer flings into action.  Further, since the court has taken cognizance of the offence and taken the case on file, the opposite lawyer can cross examine the complainant and his witnesses only during trial after chief examination of them during trial.  The judge has rightly observed and asked the opposite lawyer that whether he read Cr.P.C. provisions in this regard or not.

Dear Mr.Biswanath Roy &Mr.Kalaiselvan,

Thanks for your guidance.Today we have gone to the court,the status of our case written in Court Register on 3/6/2014 as '' CALL ON 29/6/2014" but there is no information whether the accused have filed Recall petition or not . Our lawyer told us that the lawyer on behalf of accused phone him that he is filing recall petition against the NBW warrant issued by previous judge on 3/4/2014,he is saying that he has stopped processing NBW ordered on 3/4/2014,but on 3/6/2014 the new Judge asked our lawyer"Why you have not processed NBW?

                       Does it mean that the Hon'ble Judge is stll given us time to process NBW till next date 29/6/2014 ?So, atleast now,Can we process NBW  before 29/6/2014 ? Please guide us.

Thanks,

Narayana Swamy

File NBW immediately.

Sir,

The online status (order )mentioned on 3/6/2014 is " FOR EVIDENCE OF COMPLAINT CALL ON 30/6/2014"

Can we  file NBW immediately before 30/6/2014 ?as the previous Judge already ordered NBW on 3/4/2014?

Narayana Swamy

YES. FILE NBW BEFORE 30th.

You are missing the point, u are suppose to process for execution of NBW on or before 30/6/14, failing which the case will deferred or adjourned., in the process the trial will get delayed.  so try to get it executed on 30/6/14. If no NBW  process is done the magistrate will have a different view.

Dear experts,

Today we have filed NBW by changing our lawyer ,and now next  what will happen on 30/6/2014 ? as the accused gave attendence on previous date 3rd June 2014 and the NBW issued by the previous Judge on 3rd April 2014.

If the lawyer on behalf of Accused file recall petition on 30th June to save the accused ,will it get considered by Judge? Since 153A IPC is nonbailable offence and still there is threat from the accused. What must be done to get the accused sent to judicial custody?

Thanks,

Narayana Swamy