LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

RAJAMUDI C (Self )     15 February 2018

ACCUSED AGREED BEFORE THE MAGISTRATE TO SETTLE THE MATTER IN CRIMINAL CASE, LATER DIDNOT TURN UP...

Hello ld. Experts

This is with respect to a criminal trial u/s 403 r/w 34 ......(misappropriation)...

During the trial of the case the accused verbally submitted/agreed before the magistrate that they are settling the case by monetary means to make good the losses to the Complaint...& took time of 4 weeks...

Next hearing NEITHER they turned up for the hearing nor they settled the matter...

The magistrate has issued NBW to accused...

Query

1. Can the COMPLAINANT file an Affidavit ( through public prosecutor) mentioning the previous hearing acceptance of the accused that they will settle the case & did not adhere...so that it can be put on record...(order sheet)...

2. COMPLAINANT requested the hon'ble to record the verbal submission of the accused...but has not recorded..I. the order sheet
..

KINDLY ADVISE... PLEASE...

Thanks

Rajamudi..


 3 Replies

TGK REDDI   15 February 2018

Verbal submission won't do even though Court records.       Written submission by  the Public Prosecutor and the Accused is required.      Informant can't do anything.   He can only be a witness.     Complainant in this case is the State.  Court's pemission is necessary for compunding the offence.    

RAJAMUDI C (Self )     15 February 2018

Can the DEFACTO Complainant submit an Affidavit through public prosecutor....u/s 242 CrPC

TGK REDDI   15 February 2018

Sec 242 of The Criminal Procedure Code deals with Evidence for Prosecution.      You're not allowed to file an affidavit under this Section.     You can't even catch glimps of the Accused under this Section.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register