cc case 319 crpc detailed answer required interested answer

856 votes

Yes, in the given circumstances, the respondents’ present objection that they did not receive the revised petition appears weak, afterthought-based, and possibly intended only to delay the Section 319 CrPC / corresponding BNSS proceeding, because their conduct on record shows that they had sufficient knowledge of the petitioner’s case. Once the respondents have already filed a detailed counter/reply dealing with the contents of the petition, and thereafter the petitioner has also filed a rejoinder, it becomes difficult for them to say that they were unaware of the revised petition or that any real prejudice has been caused to them. Further, the order-sheet dated 18 June 2026, recording that the petitioner’s side was heard and the respondents’ side was also heard in part, is very important. It shows that the respondents had participated in the hearing and advanced submissions. Therefore, their present stand may be opposed by submitting that the plea is contrary to the record, barred by their own conduct, and amounts to waiver/acquiescence. The petitioner may request the Court to reject this objection and proceed with the pending hearing, because criminal proceedings should not be stalled on technical objections when the opposite side has already understood the matter and responded on merits. However, to avoid any future challenge, the petitioner may also fairly state that, without admitting the objection, another copy of the revised petition may be supplied in Court on the same day, and the respondents may be directed to argue finally without seeking unnecessary adjournment. The Court may be requested to record that the objection is only dilatory and that no prejudice has been shown by the respondents.

Advocate Lalit Saxena LawRato

699 votes

Please check the following: 1. Was the petition revised after filing in the court? 2. If yes, how much does it differ from the original? 3. Were both the petitions (original and revised) sent to the respondents, or just the recision? If the revised petition was sent alone, it can be argued in court, with evidence, that the original petition was never notified to or sent to the respondents. 4. Does the counter contain the reply specific to the paragraphs in the revised petition that were not in the original? If so, it can be argued in court, with evidence, that the counter is on the revised petition, not the original. 5. Do para-wise replies map with the paragraphs in the revised petition while they do not match the paragraphs in the original petition? If so, this can be shown to the court to argue that the counter is against the revised and not the original.

Advocate Vishal Batra LawRato

982 votes

the respondents side was heard in part the respondents present stand does not appear false with an intent to delay so petitioners side was heard and the respondents were heard it in part present stand appears to recall you can respond to this

Advocate Spiti Sarkar LawRato

738 votes

The respondents have already filed a detailed counter-affidavit addressing the specific contents of the petition. By doing so, they have effectively waived any right to claim non-receipt. If they truly lacked the revised copy, they could not have submitted a comprehensive response to it. ​Progress of the Case: A rejoinder has already been filed in response to their counter, and citly notes that the petitioner was heard and the respondents were heard in part. Raising an

Advocate Hariom Dubey LawRato

928 votes

From the facts stated by you, if the respondents have already filed a detailed counter dealing with the contents of the revised petition and you have thereafter filed a rejoinder, their subsequent plea that they never received the revised petition may not appear consistent with the record. You may draw the Court's attention to the counter affidavit, rejoinder and the order sheet submit that the respondents have already participated in the proceedings on merits. If their stand is only to delay the matter, you may request the Court to reject such objection and proceed with the case. However, a proper legal opinion can be given only after examining the complete case record, pleadings and court orders. You may visit my office with all the relevant documents so that the matter can be examined in detail and appropriate legal advice can be provided.

Dr. Mohd Asim Khan LawRato