Advocate Shaun Jomon

Questions Answered by Advocate Shaun Jomon (25+ answers)

Q: Do judge have to prosecute all accused or pick and chose is allowed?

Complainant filed police report, non-cognizable, against defendant and 6 others whose identity known. He later disappoint so he framed false private complaint in metropolitan court one week with facts he invented. Police investigation complete with names of defendant and all 6 others. complainant only interest to prosecute main defendant. Can complainant chose to adjudicate against defendant only and not other persons or is judge obligated to prosecute all 6 others all.

Advocate Shaun Jomon answered
Well i got a gist of your query, need more details to advise you regarding the same. kindly connect with us, so that we can have all the information required to advise you the due procedure in the scenario.

Q: How to approach high court against the reverse order by session judge

There are revision petition filed buy accused against the order of trial court.sesaion judge reverse the order of trial court .Now petitioner want to challenge revision bench......Then according to which section petitioner can go to highcourt,and for what is the time limit

Advocate Shaun Jomon answered
Well i got a gist of your query, need more details to advise you regarding the same. kindly connect with us, so that we can have all the information required to advise you the due procedure in the scenario.

Q: Intervene for good cause & compel complainant and witness under oath

Goal of private Cr complaint is to coerce or intimidate defendant into submission. Most judge avoid taking complainant & witness on oath. Instead they do police investigation. Simple, then they have discretion to accept police report and can issue summons to harass defendant. Defendant have no say. Is there procedure for defendant to intervene for good cause and compel complainant and witness to test allegations.

Advocate Shaun Jomon answered
Well i got a gist of your query, need more details to advise you regarding the same. kindly connect with us, so that we can have all the information required to advise you the due procedure in the scenario.

Q: BNSS 2023. Sec 223 versus 1973 Cr code 200 for private complaint cases

BNSS 2023 Cr P Sec 223 has new clause 'Provided that no cognizance of an offence under this section shall be taken by the Magistrate without giving the accused an opportunity of being heard:' , which not there in 1973 Cr P Code 200. Is this mean that judge cannot issue summons without say of accused or what procedure judge to follow for say of accused?

Advocate Shaun Jomon answered
Well i got a gist of your query, need more details to advise you regarding the same. kindly connect with us, so that we can have all the information required to advise you the due procedure in the scenario.

Q: Wife Ko 2-4-2022 Ko Oyo Room Mein Pkda Police Call Krkey Wife NeyLiye

My religion Hindu,mera Bhai bua ka ldka bhupendra 2-7-2020 ko expire road accident,meri shadi 30-10-2020 , mujse bina baat property dispute bua k sath k bdd sepration 9-4-2021 ko 2-4-2022 koney oyo mein pkda rangey hath ,6-4-2022 ko false case mein implicate kregi FIR sey phele complaint -11-4-2022 ko patni dwara FIR muje jisney btayi kuch muje shaq ex boyfriend par bhi FIR muje kr ex ko FIR mein accuse,after CDR report accuse location not found incident location,hotel not found rape case 376 376(2) 66e 67 kafi section ex boyfriend par mein husband muj 506 kr it act 67 a not any screen recording available,mney whatsapp status par lghai, accuse k phone sey not recovered after FSL meri wife key phone sey not recovered allegations tha ki accuse ney usk pss send ki thi obsnence video,meri phone sey recover ip address not tress , video k nichey date 2019 ,rape or video allegations 2021 , police ka khna ki hidden camera sey bnayi camera not recovered not FSL mere phone mein not source found

Advocate Shaun Jomon answered
hello we got a summary of your situation, kindly connect with us to discuss the query so what we can get detailed pictures of the scenario and advise you with the appropriate procedure. kindly connect with us to discuss the query