please tell me something about crpc sec 250

@ Arup


Good thinking cap J


1. See Re.: Indian Oil Corporation Vs. NEPC India Ltd. and Others (2006) 6 SCC 736
Held: Is the matters between parties was purely of civil nature and if the Court finds that the complaint had been filed knowing well that the remedy lie only with the civil law, the complainant should be made accountable in accordance with law and the Court should exercise powers under S. 250 Cr.P.C frequently.


2. Another aspect of the matter which deserves serious consideration is the question of awarding compensation to the victims of the false S. 498a R/w S. 406 IPC offences and at the same time to the accused persons for false accusation brought against them. Provision has been made in the Criminal Procedure Code for both the situations, viz., S. 250 and 357. S. 250 Cr.P.C deals with the compensation to be awarded to the accused person for accusation against them without reasonable cause. Likewise, S. 357 Cr.P.C provides award of compensation to the victims of the offence. But the law courts seldom make use of these provisions while deciding the cases.

In my view, if these provisions are liberally used by the courts while deciding the S. 498a IPC cases, it would have salutary and healing effect on the aggrieved persons and the confidence of the society at large in the administration of Criminal justice shall stand restored. In many cases courts can impose sentence of fine instead of awarding jail sentences and out of that amount of fine, compensation be awarded to the victims considering the gravity of the damage caused to them. As we are aware under S. 357 Cr.P.C., the Courts can award compensation to the victims irrespective of the sentence of imprisonment or fine that the courts may choose to pass.

Similarly if the courts find that the accused persons U/s. 498a IPC brought before the court for trial are the victims of false accusation, the courts can order payment of compensation to the accused by the complainant, the first informant or the prosecuting agency as the case may be.


What we need is doers not internet tigers………… (sorry this comment is totally not for your kind self but usual generic statements I blabber here to encourage o callaed Internet Indian Husband victims from false S. 498a R/w S. 406 IPC…J )

that means crpc sec 250 & 357 both may be in use.

thanks.

S.250 of the Code of Criminal Procedure enacts that the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. The plain meaning of the section is that the Magistrate who is to order the payment of compensation must be the one who heard the case and discharged or acquitted the accused. Successor of the Magistrate who had tried the criminal case is not competent to grant the compensation. It is also relevant to note that the Section empowers the Magistrate to call upon the person who made the complaint without reasonable ground to show cause forthwith.

Please enlighten me further on this issue Sir, 

My (now Divorced) wife had filed a false complaint, on the basis of which I was falsely prosecuted u/s 498-A, 323 & 504 of IPC i.m.. RCC No. 168 / 2000 by the deccan Gymkhana Police Station Pune and after the regular trial, the Magistrate Mr. Govind Rathod acquitted me of all charges, cancelling my bail-bond, restoring my liberty while the wife was found guilty and served the show-cause notice u/s 250 (1) and upon her failure to show any reasonable cause, punished with a fine of Rs. 5,000/- (the Maximum allowed by his powers) u/s 250 (2) and also / additionally ordered her to suffer One Month's Imprisonment u/s 250 (3) of Cr.P.C.

She paid the fine and never appealed against the verdict, but also never went to jail to suffer that Imprisonment, which I presume must be a SUSPENDED SENTENCE, giving her the benefit of the Probatin of Offenders Act.

Now, what I don't know is whether a Probation Officer is appointed to observe her subsequent conduct and if so, is she required to attend before him at certain intervals and he is required to send periodical reports to the court / magistrate on that score and whether an entry of her conviction is made in the local M.O.B. records of police of Pune / Maharashtra and whether I can see it anywhere online ?

I need all such proof to file a civil suit for defamation (Compensation against defamation) amongst other things, which has been ongoing since 1997 to this day.

How can I get it by other means (offline) ? Under an RTI application ?

Can the local police in Pune disclose their list of the local probationers and her name among them etc. to me under RTI Act?

Secondly, a part of my detention was purprtedly u/s 151 of Cr. P.C. on the basis of hearsay information given by the local police informer, which was based on the false information given by the culprit wife, now calling herself seema Sham Sabnis,

Can I get that informer's name & Address from the police under an application under the RTI act, although I know that it was a guy named Shekhar Bahirat who was living next door and was given a SUPARI, alongwith his brother Bharat and his gang including the wrestler / Pahilwan Mulik, to harass me ?