pleads guilty question not asked by Magistrate u/s 151 cr.pc

[Rameshkumar Sagar]

sir,
1. Sec.151 crpc ”pleads guilty” and word SHALL IS USED IN THE SECTION. Now in 138 N.I.Act case accused appeared before and if the Magistrate did not ask him the question. Whether
the Magistrate action can be justified?
2. Can this point be useful in Revision against a order u/s 256(1) cr.p.c?
3.Is is obligatory on the part of a Magistrate to take surety from Accused when he present in the court?
4.if proper address of accused is given and process is served on the addres and warrant does not serve as his office is closed since 4-5 months,whether the Magistrate is right in asking new address of the accused from the complainant?

[Dr. Ashok Dhamija]

There is no such thing as you have mentioned in Section 151 Cr.P.C. Perhaps, you are referring to Section 251 thereof.

You should check the records. It may be in the specified format itself as to whether the accused pleads guilty and whether he wants to be tried and the reply of the accused might have been recorded therein, though the Magistrate might not have asked orally.

The order under Section 256(1) of the Cr.P.C. is passed due to absence of the accused. You may have to file a revision against such order explaining why you as complainant (and/or you advocate) could not appear in the court on the designated day. That whether accused pleads guilty was asked or not, may be an irrelevant factor for this purpose.

If the warrant is not being served at the address given, then naturally the Magistrate would ask for the correct / new address of the accused person. It is for your own benefit as the complainant. If you feel that the address given already is correct and that the office is closed for last few months, you may state the same in the court. But, at the same time, when the office is closed, you should provide some alternative address (such as residential address), otherwise how will the warrant or summons be served if the office continues to remain closed for few more months, and in the absence of that, how will the trial start or complete?

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Rameshkumar Sagar]

sir,
thanks for quick reply.
pl. guide me :-
1.order Dismissal of complaint u.s 138 N.I.Act passed agaist me u/s 204(4) and 256(1) Cr.p.c
2.paid process fees on the same day 19-07-11 the complaint filed by affixing court fees tickets.Then the summons issued.
3. The case posted on for service of Warrant and not for hearing or for evidence,
4. whether these two points will me in Revision?
5. i gone through the papers no prescribe paper or written
showing that plea is taken.
6. on dated 16-03-12 my advocate had given application
that due to absence of accused ”No Plea IS TAKEN”
7.Now when the accused was present in the court the Magistrate did not take plea, the accused now at large so warrant could not be served.
8. The Magistrate did not take surety to ensure presence of accused.
9. In the circumstances:-
a. process fees paid, whether sec. 204(4) apply?
b. if not the order D.D. can stands sustainable?
c. if the case is posted on for service of warrant
sec. 256(1) can apply?
d. the point of ”Plea” has any legal effect?
e. the point of not taken ”surety” can have any
effect in Revision?
f. can i be succeeded in Revision?

[Dr. Ashok Dhamija]

In your last question, you had mentioned that an order has been passed under Section 256(1) Cr.P.C. Now, you are revising the facts.

Please note that order under Section 256(1) Cr.P.C. is passed for acquittal of the accused when the complainant does not appear on the given date. What is the reason for that date may not be fully relevant, because the complainant is required to be present, unless if his presence has been exempted under the Proviso. So, you’ll have to explain your absence.

It is not possible for us to guide you on detailed facts of the case without even seeing the detailed documents. Please consult some local lawyer for that purpose.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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