HELLO,
IN MY 498A CASE RECENT DEVELOPMENT ARE,
THE COMPLAINANT FILED APPLICATION FOR CALLING OF MEDICAL OFFICER AND INVESTIGATION OFFICER BEFORE THE DISTRICT JUDGE AND COMPLAINT ABOUT THE TRIAL JUDGE WHO HAS NOT CALLED M.O. AND I.O. IN CASE AND PROCEED FOR STATEMENT OF ACCUSED U/S313CRPC.
ON FINAL ARGUMENTS DATE THE COMPLAINANT WAS PRESENT AND JUDGE U/S311 CRPC ISSUED SUMMONS TO M.O. AND I.O. IT'S TO BE NOTES THAT THOSE M.O. AND I.O. HAS BEEN SEND SUMMONS TO APPEAR BEFORE COURT OF TRAIL BUT SUMMONS REPORT THAT THOSE ARE NOT AVAILABLE.
AFTER SUFFICIENT TIME COURT CLOSE PROSECUTION EVIDENCE SINCE THE CASE IS PENDING FROM YEAR 2005 AND ONLY COMPLAINANT DEPOSITION / CROSS OF ONE WITNESS IS OVER.
ON YESTERDAY DATE NONE OF M.O. AND I.O. WAS APPEAR A REPORT FROM POLICE STATION IS FILED AS THE I.O. OF THE CASE WAS NOT LOCATED AND INFORM THE APPEARANCE IN COURT WAS CONVEYED THRU WIRELESS IN ALL OVER MAHARASHTRA. M.O. WAS NOT LOCATED. UPON THIS JUDGE HAS FIRED TO THE CONSTABLE AND PP, AND DIRECTION TO STAFF CLERK TO ISSUED SUMMONS IN RED PENS TIPS TO COMMISSIONER OF POLICE ETC..... AND TELLING IF THEY ARE NOT APPEAR COURT WILL CLOSE THE EVIDENCE OF I.O. ETC.... ORALLLY
WHEN I STARTED TO MENTIONED THAT WE COME FROM TODAYS HEARING AFTER MUCH PAIN AND TRAVELLING AND THIS COMPLAINANT ARE HARRASSING US SINCE 6 YEARS AND AFTER 313 STATMENT MATTER IS BACK TO TRAIL. JUDGE HAS STARTED SHOUTING TO ME AND SAYING THAT I WILL INFORM TO DISTRICT JUDGE THAT CASE BE TRANSFER TO SOME OTHER JUDGE. THIS IS CLEAR SIGN OF PRESSURE UPON JUDGE CREATED BY COMPLAINANT BY MAKING COMPLAINT AGIANST JUDGE, THEY WERE NOT REMAIN PRESENT WHEN MATTER IS TAKEN TO 313 STATMENT, AFTER THIS SHE CAME AND STARTED ALLEGATION UPON JUDGE TO PRESSURIZRE AND TOOK MATTER AWAY AND/OR TO DELAY MORE YEAR.
MY QUERIES,
WHAT ACCUSED BEEN GUILTY OF DELAYING THE MATTER?
WHAT ACCUSED CAN DO TO AGAINST JUDGE OR COMPLAINANT WHO MAKES WRONG STATMENT TO DISTRICT JUDGE AND TAKE ORDER IN HER FAVOUR AND COMPLAINT ON JUDGE?
NOW AFTER ISSUING SUMMONS THRU COMMISSIONER OF POLICE ETC... TO LOCATE I.O. AND HIS APPEARANCE IS POSSIBLE ON NEXT DATE?
IF I.O. AND M.O. WON'T COME WHAT STEPS I CAN PUT TO TAKE MY MATTER FOR FINAL ARGUMENT, HOW MANY OPPURTUNITIES BE GIVEN TO M.O./I.O. TO APPEAR.
IF THERE IS SC AFTER 313CRPC STATEMENT U/S311CRPC WITNESS CAN BE RECALLED, SO EVERYONE CAN DO TO ACHIEVED THEIR MOTIVE TO HARRASSED THE PERSON, IS THERE ANY JUDGMENT WHICH SAYS THAT AFTER SUMMONS TO WITNESS / M.O OR I.O. NOT APPEAR OR REPORT COMES NOT FOUND THEN CLOSURE OF PROSECTION WITNESS IS POSSIBLE?
YOURS VALUABLE SUGGESTOIN ARE HIGHLY APPRECIATED
