Whether summon case may be processed under section 244.245,246 of criminal penal code as done by ACJM I even after strong opposition

 



Registration Number DPLAW/A/2021/60049

Name Yogi M P Singh

Date of Filing 30/12/2021

Status COMMENTS SOUGHT FROM PIO as on 31/12/2021

Appellate Authority Details :- Telephone Number:- 2238985, Email Id:-

Remarks :- PIO concerned to submit comments forthwith

  Nodal Officer Details  

Telephone Number 9454412484

Email-ID santlal10266@gmail.com

Online RTI Appeal Form Details

Public Authority Details :-

   

* Public Authority Law Department

   

Personal Details of Appellant:-

Request Registration Number DPLAW/R/2021/60086

Request Registration Date 12/09/2021

* Name Yogi M P Singh

Gender Male

* Address Mohalla Surekapuram , Lakshmi Narayan Baikunth Mahadev Mandir, Jabalpur Road

Pincode 231001

Country India

State Uttar Pradesh

Status Details not provided

Educational Status Literate

Phone Number Details not provided

Mobile Number +91-7379105911

Email-ID myogimpsingh[at]gmail[dot]com

Appeal Details :-

Citizenship Indian

* Is the Applicant Below Poverty Line ? No

* Ground For Appeal No Response Within the Time Limit

* PIO of Public Authority approached RAM CHANDRA VERMA (Nyay-5)

PIO Order/Decision Number Details not provided

* PIO Order/Decision Date

((Description of Information sought (upto 500 characters) )

* Prayer or Relief Sought Registration Number DPLAW/R/2021/60086 Name Yogi M P Singh Date of Filing 12/09/2021 Status REQUEST FORWARDED TO PIO as on 13/09/2021 Sir, three months 17 days passed but the concerned public information officer of the department of Law did not provide the sought information which is a mockery of the provisions of the Right to Information Act 2005. According to subsection 1 of section 7 of the Right to Information Act 2005, Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9: This implies that public information officer violated the subsection 1 of section 7 of the Right to Information Act 2005 which cannot be overlooked. If the department of law itself has no regard for the law of land, then what can be expected from others? This is the root cause of lawlessness and anarchy in the state.

Supporting document ((only pdf upto 1 MB)) Supporting document not provided

Central Government Act

Section 251 in The Code Of Criminal Procedure, 1973

251. Substance of accusation to be stated. When in a summons- case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or

Legal Provisions of Section 252 of Code of Criminal Procedure, 1973 (Cr.P.C.), India. Conviction on plea of guilty: If the accused pleads guilty, it is imperative for the Magistrate to record the plea in the exact words used by the accused as nearly as possible and in the accused’s own language in order to avoid any misapprehension.

Central Government Act

Section 244 in The Code Of Criminal Procedure, 1973

244. Evidence for prosecution.

(1) When, in any warrant- case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

Central Government Act

Section 245 in The Code Of Criminal Procedure, 1973

245. When accused shall be discharged.

(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for

1 Comments

Whatever comments you make, it is your responsibility to use facts. You may not make unwanted imputations against any body which may be baseless otherwise commentator itself will be responsible for the derogatory remarks made against any body proved to be false at any appropriate forum.

  1. 1-Lower Judiciary is monitored by the state government and concerned High court consequently department of law and justice may provide the following information.

    Please provide the outcome of the aforementioned enquiry if available to them.

    2-Time taken by the enquiry officer to provide its findings to the concerned mandate if nominator not fixed time to complete enquiry.

    3-Provide the rule if any exists which prohibits High court of Judicature at Allahabad to provide outcome of enquiry to aggrieved complainant.

    4-Provide the maximum time duration taken by District Judge Mirzapur under the law to complete the enquiry concerned with alleged irregularities.

    5-District Judge Mirzapur may provide the information whether he furnished the enquiry report to High court of Judicature at Allahabad, if not why? if yes, then provide the date of report and date when made available to High court of Judicature at Allahabad.

    ReplyDelete
Previous Post Next Post