Matter was transferred to Registrar general High court Madhya Pradesh instead of Uttar Pradesh.

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Status as on 04 Jan 2016

Registration Number : DEPOJ/E/2015/01361
Name Of Complainant : Yogi M P Singh
Date of Receipt : 10 Sep 2015
Received by : Department of Justice
Forwarded to : Department of Justice
Contact Address : Jaisalmer House,
Mansingh Road,
New Delhi110011
Contact Number : 23385020
Grievance Description : Hon.ble Sir- It would be pertinent to bring out the differences between a summons case and a warrant case from the point of procedure to be adopted for trial of these cases. The differences between the two are as follows: (1) The Code of Criminal Procedure prescribes two procedures for the trial of a warrant case by Magistrates, namely, one to be adopted by the Magistrate in case instituted on a Police Report while the other in case instituted otherwise than on a Police Report. But there is only one procedure prescribed for trial of a summons case whether it is instituted on a Police Report or a complaint. (2) The trial of a warrant case as a summons case is a serious irregularity which would vitiate the trial if the accused has been prejudiced. But the trial of a summons case as a warrant-case is only an irregularity which is curable under Section 465 of the Code. (3) When the accused appears or is brought before a Magistrate in a warrant case, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. But in a summon case, the particulars of offence are stated to the accused and he shall be asked whether he pleads guilty or wishes to defend himself. (4) Framing of a formal charge is necessary in a warrant case but it is not necessary in a summons case. It is about to eight years passed but charges were not framed against your applicant and for kind information summon was issued to your applicant and your applicant is on bail. Why processing of case is being done under section 244 of criminal procedure code and most surprising that during this longer span not a testimony of single witness was taken. Whether this is not conspiracy to persecute your applicant tyrannically . (5) In a warrant case, the accused gets more than one opportunity to cross- examine the prosecution witnesses whereas in a summons case he gets only one opportunity to cross-examine the prosecution witnesses. In eight years no opportunity was provided to your applicant to defend itself. (6) The Magistrate is empowered to convert a summons case into a warrant case under Chapter XX of the Code but a warrant case cannot be converted into a summons case. Right to reason is the integral part of sound judicial system. But here reason is undue pressure of D.M. Mirzapur as told by Sudhakar Ray then A.C.J.M. First Mirzapur.
Current Status : CASE CLOSED
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Date of Action : 23 Sep 2015
Details : The grievance has been forwarded to the Registrar General, Allahabad High Court for further action, as appropriate.

2 comments on Matter was transferred to Registrar general High court Madhya Pradesh instead of Uttar Pradesh.

  1. The Magistrate is empowered to convert a summons case into a warrant case under Chapter XX of the Code but a warrant case cannot be converted into a summons case. Right to reason is the integral part of sound judicial system. But here reason is undue pressure of D.M. Mirzapur as told by Sudhakar Ray then A.C.J.M. First Mirzapur. But here case was never heard under chapter xx of Cr.P.C.

  2. Here it is most ridiculous that on website the detail is as – The grievance has been forwarded to the Registrar General, Allahabad High Court for further action, as appropriate.
    Here this question arises that when the matter was forwarded for necessary action to Registrar general ,Madhya Pradesh ,High court ,then why on website ,it was shown that matter was forwarded to the Registrar General, Allahabad High Court for further action, as appropriate.
    Framing of a formal charge is necessary in a warrant case but it is not necessary in a summons case. It is about to eight years passed but charges were not framed against your applicant and for kind information summon was issued to your applicant and your applicant is on bail. Why processing of case is being done under section 244 of criminal procedure code and most surprising that during this longer span not a testimony of single witness was taken. Whether this is not conspiracy to persecute your applicant tyrannically .

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