False (2) cases I) u/s 326, II) 290, 323, 506 IPC
I thank you for responding and offering legal advice. But, only (2) advocates have expressed opinion to my queries. I further request to issue opinion on the following doubts and the same may be kept in private as classified information, since I have paid required amount of Rs 500/-.
In the first case i.e., 326 IPC the chief examination of the complainant was deferred at request. During the next hearing, my advocate without taking this aspect into consideration directly cross examined the complainant. Due to which, I could not produce the false medical certificate issued by a private dental practitioner; not registered under APAPMC Act-2002 to the judge. The APAPMC Act-2002 reads as follows: “Any person who knowingly serves in a medical care establishment which is not duly registered and licensed under this Act or which is used for immoral purposes shall be guilty of an offence and shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both. All offences under this Act shall be cognizable”.
Now, can my advocate urge the judge to continue with the deferred chief examination, so that I can furnish the false medical certificate to the judge to quash the further proceedings in the case i.e., examination of the other witnesses etc. Or can I insist my advocate to file discharge petition in the trial court or can I approach the High Court to quash the case, which is better.
In the 2nd case i.e., 290, 323, 506 IPC Police have colluded with the complainant and straight away registered FIR, by ignoring u/s 290, 323, 506 IPC are non cognizable offence and filed charge sheet vide CC.No.759/2014 and trial is not started.
Non cognizable offence reads as follows.
“As per Cr.P.C. 155 mandates that Police have to seek an order of the Magistrate to investigate any non cognizable offence”.
As per the above rule 155 Cr.PC is this case trial-able ?
Should the above two cases i.e., 1) 326 IPC, 2) 293, 323, 506 IPC should be clubbed together or should they be tried individually for quash proceedings.