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Bohemian Queen   12 August 2024

311 crpc please help

Signature of Victim
Dear Ma`am/Sir
there is an appeal going for 311 for evidence in court
The victim being fragile mentally (has mental health issues), went to her father in middle east, as she was restless to be with him
now the problem comes of signing the 311, we have very less time, daughter was asked to attest her signature on 311 in middleeast
they seek a long procedure, file the entire case to them there, bring 3 witness to sign etc
these procedures will be impossible to follow due to the time it takes for official procedures anywhere
we have been given last opportunity to file it against the objection raised by opposite party, in court

Question?
How do we file this 311 in court? affidavit, providing me rights to sign on her behalf too in middle east will take its time.
in what manner can 311 be presented in court without the victims signature?
what can be done?

the advocates parents are unwell, not in town, he cannot appear at present, junior advocate says it is a serious case, and doesn't want to sign anything on behalf of anyone, only submit papers as per instructions of senior, as no one wants to take a stand against fellow collegues working in same court, due misconduct

Thank You in advance



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     12 August 2024

What is the reason that you want to file a petition under section 311 Cr.P.C. before court?

Do you want to recall any witness who has already been examined in chief or cross examination or had completed both the examination and do you have any strong reason to recall the witness. 

Section 311 Cr.P.C :  Power to summon material witness, or examine person present. - Any Court may, at any stage of any inquiry, trial or other proceeding. rom the reading of Section 311 Cr. PC, it is clear that the power under the said section can be exercised by the court at any stage of any inquiry, trial or other proceedings under the Code.

Getting a petition signed by the person who is residing at aborad is a strenuous process, because her signature alone is not sufficient, her signature is to be attested by a Notary public of that country along with two witnesses and if the notary public raises questions about the veracity or reason for this petition, the petitioner should be able to explain the same. 

No doubt it is a lengthy process, hence you may decide about looking for any alternate process in this regard

1 Like

Bohemian Queen   12 August 2024

Yes Sir its lengthy process and time is short.
311 is to take all evidence that was provided to miscoundct advocate, which she never presented, final argument will virtually be a disaster if evidence is not accepted. many judgements have been attatched to this 
goodness what a disaster I am facing
I just don't know what to do

Thank You Sir!

T. Kalaiselvan, Advocate (Advocate)     12 August 2024

In the given situation it is pertinent that the witness has to be present before court if the petition is allowed by court.

Therefore instead of following the arduous process, you can better ask her to return to India, complete the formalities including the deposition of witness evidence and return to the safe place wherever she was. 

Her presence in India on a short visit would benefit everyone to pursue the conduct of the case properly


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