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Being “Accused” !! ….is pre-mature character assassination of a Citizen of India.

THE SECOND SCHEDULE (See section 476)reads as--

FORM NO. 1
Summons to an Accused Person (See section 61)

To ……………………………….. (name of accused ) of…………………………… (address)

WHEREAS your attendance is necessary to answer to a charge of ………………………. (state shortly by the offence charged ), you are here by required to appear in person (or by pleader ,as the case may be) before the (Magistrate) of……………… on the……………… day of ……………………….herein fail not.

Dated, this …………….day of……… 20……………..
(Signature)
(Seal of court)


This blog is outcome of usual discussion with my former dear colleague Sameer Pendse on a fabricated case of registering FIR by Police, a normal & convenient misuse of legal machinery by influential in Partnership with Police. In fact, Mr. Pendse & my former Senior Shri Talasikar have happened to had conference with very learned Advocate Zal Andhyarijuna on this case wherein this issue surfaced.


In the backdrop of mutiny of 1857, the Crown of England took over the administration in India and upon full consideration of the premise of 1857, the VICTORIA of the United Kingdom of Great Britain and Ireland, enacted that it should be lawful for Her Majesty, under the Great Seal of the United Kingdom to establish, for them, their heirs and successors, The Criminal Procedure Code 1861, now The Criminal Procedure Code, 1973. We all know, the Code of Criminal Procedure contains the procedural aspect of administration of Criminal cases in the Court of law.


The Code of 1861 contemplated the branding of a Citizen as “Accused” when a complaint is made against him either before the Police or before the Court of law. The Code of 1973 continued this tradition of branding.


However, the prescription of “accused” against a complaint was the command of Queen Victoria of England to which Indians are no longer obliged to follow from 15th August 1947 by reason of India, i.e. Bharat being acquiring status of Sovereign Nation.


In my view, the dignity of Citizenship comes inherent with Sovereignty of nations. Branding a Citizen as accused, at the instance of allegation of committing an act designated as punishable offence, is the continued celebration of suppression of citizenship in the province of Sovereign (Independent) nation.


In my view, by such branding, the character assassination of a Citizen is inevitable and you frustrate Citizen’s supreme right of dignity fashioned & fastened in Article 21 of constitution of India.


May I also subscribe my view that in Indian setting where criminal trials takes years to conclude; the Society looks at the “accused” with suspicion thereby easily endangering his livelihood. The character of citizens cannot be and should not be jeopardized in such casual manner.


He (a Citizen) is certainly a accused at the moment when Court of Competent jurisdiction, based on the meritous facts of the case, takes cognizance and ventured to frame charges against the Citizen, but he (a Citizen) cannot be summoned as accused before this framing of charges. Can't we provide that the person be made as "Respondent" till the charges are framed against him ?



And the moot question that may be argued ... does “branding accused” really brings in any disrepute to the bearer ? It must be answered by a innocent- being accused of committing an offence.

Sandeep Jalan (advocate)
Mumbai.

Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.

Sandeep Jalan

Advocate

Law Referencer: https://www.litigationplatform.com/


Thank you.
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