Narayana Swamy (security) 14 April 2014

How to resist a recall petition in a private complaint?

Sir,

The 4 accused persons who are committed crime under IPC 153A and the Judge issued NBW on 3rd April 2014 due to their absence in the court for 2 times and when we are processing the NBW, as the Judge was on leave for 2 days,when we are waiting for Judge signature on NBW ,suddenly (i.e) on 9th April 2014,the accused gave application for recall petition and we have stopped processing the NBW and as soon as the 4 accused persons filed Recall petition,The next appearance date given by the court as 3rd June 2014.

Since all the accused persons are rowdies and there is threat to our lives if the recall petition is accepted and the next appearance date given is too far (i.e) 3rd June 2014. I have two questions.

1.Can we protest or raise objections now itself before the magistrate/court to cancel their recall petition because we have threat to our life from the accused,if they move freely outside upto 3rd June 2014?

2. Or Is it necessary for us to wait upto next appearance date 3rd June 2014 to protest or raise our objection in the court ?

Please advice.Your help is highly appreciated.

Thanks,

Narayana Swamy

Reply Follow

3 Replies

Prakash (AGM) 14 April 2014

Dear Mr. Narayan,

The application for recall of warrants is not maintainable as the Megistrate directing issuance of MBW's doesn't have powers to recall its own orders. You may site the orders passed by the Apex Court in Adalat Prasad's matters.

Thanks

Prakash

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com) 14 April 2014

These are perfectly valid tactics of the defense.

Adalatprasad citation says only about recall of process.

However after appearance application can be moved for dismissal of the complaint on many grounds such as illegality on face of it, particular laws not applicable, limitation , jurisdiction etc etc etc etc etc...

However no body should confuse it with evidence which many people do even in QUASH petitions in higher courts and even SC has rejected such cases/ revisions / writs.

THE POINT IS THAT EVEN IF ALL THE PLEADINGS IN THE COMPLAINT ARE TAKEN ON FACE VALUE AND EVEN ADMITTED OR NO CROSS STILL NO CASE IS MADE OUT.

SUCH APPLICATIONS HAS BE DECIDED FIRST BEFORE ANY FURTHER STEPS IN THE CASE.

Narayana Swamy (security) 14 April 2014

Sir,

Thanks for your replies. Is it necessary for us to wait until 3rd June for making strong objection in the court? Is it not possible to resist the recall application now ?

Thanks,

Narayana Swamy