Permanent Exemption without informing to complainant
1 year ago
Sir, M.M passed Order on Permanent Exemption u/s 205 crpc not in S. 317 crpc without informing to complainant even when the charges have been framed in the FIR. Accused is in Australia. No copy of document has been supplied to complainant who inspected the court file and got to know about such application. Please let me know what is legality.
When the application was moved there must have been some hearing wherein the Complainant side ( represented by PP) would have got the chance to object the application under Section 205. I am not sure about the legality as you have not mentioned what kind Sections are applicable in this case but then you are suggested to reach out to the PP and seek clarification.
chanda ch
Replied 1 year ago
Dear Sir thank you for giving me reply. I forgot to mention that APP was not appeared when the application u/s. 205 CRpc was represented, complainant was not aware about the documents given by accused to the M.M court but presence of APP was marked by the M.M in her order but no objection of APP was recorded inside the order. this is the case of 323, 509, 506/34 IPC. APP said state will not fight and complainant can file the case against the state under S. 397, 399 CrPC. Accused is showing himself in Australia.
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