My grievance submitted on public grievance portal dated-10-09-2015 forwarded to High court being processed .

Registration Number
:
DEPOJ/E/2015/01361
Name Of Complainant
:
Yogi M P Singh
Date of Receipt
:
10 Sep 2015
Received by
:
Department of Justice
Officer name
:
Shri Atul Kaushik
Officer Designation
:
Joint Secretary,
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
:
RECEIVED THE GRIEVANCE
Status as on 10 Sep 2015

2 comments on My grievance submitted on public grievance portal dated-10-09-2015 forwarded to High court being processed .

  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.

  2. 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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