What is a warrant-case?

According to Section 2 (x) of the Criminal Procedure Code:-

“warrant case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; Corresponding old law.- Section 4 (w) of the Code (V of 1898).

Warrant Case is the category Criminal Procedure Code has created for smooth law inforcement. A warrant case category creates a distinct line of provisions. These provisions are created for peace of the society, also for the protection of the innocent people from criminals.

For instant, Section 204 of the Criminal Procedure Code, 1973 says:

(1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be-

(a) a summons-case, he shall issue his summons for the attendance of the accused, or

(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction.

Again, in Section 237 of Criminal Procedure Code it is provisioned:-

(1) A Court of Session taking cognizance of an offence under sub-section (2) of Section 199 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate : Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for the reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.

It is clear from the code the procedure for warrant case is much direct that the summon case. Where the summon cases require the police report for progressing, the warrant case is much sooner comes before the court.

Man had 29 years of injustice!!!

The injustice is even worse than the punishment of hell.

Note:- If you want a better future sign the petition posted at the end of this post

The above-given line is from author’s pen. The injustice is continuing torture. Injustice is even worse than death. Death is actually the end of all injustice. Dead cannot feel the anything, that’s why people take their lives. But few of us are brave enough to fight this injustice. But for how many years?

 

The victim, Umakant, was a postman in Harjinder Nagar, Kanpur. He was accused by his seniors for stealing 57.60 Rupees from a money order. His Senior, for some reason, suspended Umakant and police lodged a Criminal Breach of Trust case against Umakant. Nobody ever took notice that Umakant has claimed that the same money has not been taken by him. Nobody tried to take notice that he claims that he has given all the money along with rest of the money order to his Seniors. The man fought on and on to get acquitted. At last, after 29 years of deep slumber, the court delivered judgment.

The news was published in the Times of India. You can read it below:-

29 Years, injustice

The witnesses never came in the court to give the statement. At last, the court acquitted the man from the case. Nobody has an explanation that why Umakant was made accused. Why only poor man suffered but not the man in the post above him? (If you have an explanation, please state.)

Now think, the man was confined from doing his job. He had no alternative job for earning his daily bread. Utterly broken, already retired from his postman’s job. His children’s future already in the deep mess and his own life somehow destroyed. In India, 10,000 thousand Crore of Rupees has been stolen by the corrupt politician of our country. If we count people outside politics the sum might round-up above 50,000,00 Lack Crore Rupees. Has the judicial system, which is so keen on convicting corrupt post office employ, has punished these people?

We can’t say that Judiciary should not try an accused, we have no such right, but for how long? In the case noted above, there were 750 hearing dates fixed by the court. For hearing, the court issues summons, for each summon the court can wait for 30 days. Of course, nobody showed up, to give the statement against or in favor of Umakant. The case was forged, no doubt. The money was stolen by someone else (it is already proved as the court acquitted Umakant). Now it is the duty of Post-Office to compensate Umakant for injustice, but I don’t know anything about the progress in Umakant’s matter.

Mr. Umankant was accused and punished for stealing 57.60 Rupees. Even in back 80’s, 57.60 Rupees was worthy but were they worthy than a family’s life and future? Few weeks back we heard about his acquittal after his 29 years imprisonment. Quite funny for us but that man’s life is now ruined to dust. Who owes responsibility for such a mistake? Postal Department, of course, who accused him of the crime he hadn’t committed.
What are we lacking, where our judicial system fails? Delay in giving case raise a big question. Indian Judiciary infamously the worst kind of Institution in the world, worse, the claim is not raised by some foreigners but by Indians.

Note: Judiciary is working hard to get through this problem, for what they should be praise.

Mr. Umakant’s case was criminal but he was not confined to jail, which is a relief. In the said case the court fixed 350 dates for hearing, but no one approached the court to prove accused guilt. With nightmarish 29 years long criminal proceeding, does the criminal got punished? On every hearing, the witnesses didn’t approach in the court but Umakant was forced to appear because he was accused. Even if the said man had stolen 57.60 Rupees, did he deserve 29 years of harassment done by the system?

Civil Procedure Code and Criminal Procedure Code tries to speed up the judicial machine, but both Judge and lawyers know that even petty cases take months to procure final decision.

There is various fast track court specially established for quick disposal of the trial but the question is why we needed to establish it? Why justice is suffering from the delay. The 29 years case was not taken with seriousness because the person who suffered didn’t try to take it on bigger media. The story was shown on various News channel but there was no spark in the public. It is because people don’t know about justice, they don’t even know about the concept of justice. They are just ready to blame lawyers and judiciary.

The truth is that even the most enthusiastic lawyer are let down by endless pages of order-sheet. If there is a world record for the delay in justice then Indian Judiciary might have already won the title several times.

Ordinary people might think that condition is not worth noticing but in all this the one who suffers is ordinary people. Undoubtedly, delay in justice has proven to be a nightmare, that why everyone fears justice rather than having faith in it.

Please Sign our petition to the Government of India–> Our Petition for a change

Note: If Trial Court is failing to deliver justice in time, you can seek a remedy. CLICK HERE TO GET REMEDY

 

Why common people fears law?

An uneducated society is lawless society, a lawless society is reckless society and a reckless society is a savage society.

Many people may find the above-noted statement true and harsh. Right now we are dealing with problems like terrorism, over-pollution and it’s mother overpopulation, riots, global warming, etc. Have you ever notices anything in common. They all have uneducation and in the depth. “Uneducation” is not even a proper English word but people understand (at least feel) it’s meaning. Many people may even see it in their surrounding town. But let us not deal with this in such harsh way. Let’s be a little lenient.

Think, how come a person can exchange money if the person doesn’t know about the numbers. Let a kid play with your money and he’ll make you from a billionaire to a trash. We have discussed the meaning of education is our last story: “Why there is too much corruption?” In the same way, how could you understand your rights if you haven’t known them in the first place. Illiteracy, coupled with insuffient education, creates a ready-made inferno. In such case, law education is not possible.

The Law is the only way to know about the rights. In a democratic country law is the only way to acquire your rights. But have we learned about the law? More than half of the law is pure Common Sense. But the law has been branded as a professional subject. Because of this branding, schools never teaches kids about the law. Funny, the law governs everything but nobody know about it. We have never been told about law, that’s why clever and powerful people are exploiting common people. Because of Legal unEducation common people hasn’t grown into a reasonable people. That’s why people fear the law, rather than respecting it.

Right now, we have millions of cases pending in the various courts of India. Can you imagine the result of such situation? The story of “29 Years of Delay in Justice” is most heartbreaking and eye-opening event in the legal history of Indian Judiciary. The 29 years of delay was caused in the matter of corruption of 57.60 Rupees.

Criminals who have committed rape, murder, theft, fraud, drug dealing, kidnapping are free on the road. They have been granted bail within few minutes when their case came up on the Judge’s desk, just because of lazy machinery. Most of them have been granted bail on the ground of parity. Lack of evidence and witnesses have brought psychopaths killer and rapist out of conviction but people who have falsely implicated in the case are suffering every now and then.

Independent reports have told us that 50 percent of Indian Population is illiterate. Now, 30 percent of so called literate people can only write their name and read with a lot of difficulties. Again, 60 percent of remaining 30 percent of literate people are truly literate and write and read well. Out of this tiny bit of literate people, only 10 percent people know about Constitution of India. Constitution of India, which is the foundation stone of our law and country, is completely out of knowledge of our people.

This situation is bad, so bad that it is intolerable. Right now we fariyadi.com are taking an initiative and we are obliged to teach people about the law. We are so shaken by the illiteracy of our Indian people that we cannot afford another “29 Years of Delay in Justice“. It is up to you people how well you are going to take this initiative. People, there is no denials, no escape from the law. All you can do is protect yourself and teach others by sharing this article. Knowledge is power, earn it!!!

Why there is too much corruption?

Education is something we should carry after we left our schools.

Above noted quotation is the bare-naked truth. Education is not to be taught but to be learned and earned. But how could a book-hater kid can learn or earn any education at all? No wonder why we hear news about angry kids beating his school-mates to the pulp. It is quite wondrous how 8 hours of school literacy fails to educate kids, but succeed in teaching how to kill people with their bare-little-hands. Right now, most of our schools are pitch battleground for school children to climb on the top of their communities food chain.

Education is what remains after one has forgotten what one had learn in school.

Sir Albert Einstein needed not to be a genius to figure out the above-noted fact. He was a man with an IQ below room temperature, but he used 0.0001% brain and it made him the creator of E=mc2. It’s quite sad and amusing, how high IQ students of our prestigious engineering colleges are committing to suicide because of failure while Sir Albert Einstein survived with his little IQ. What are we lacking?

Corruption churns everything and spits nothing.

Last one line is from me. In India (and also other lawful countries) corruption is rampant. This little devil hasn’t left a single spot on earth. Corruption has given birth to bureaucracy which has given birth to more corruption. Same bureaucracy is responsible for slow employment rate. Lack of transparency in the IT Age, the high illiteracy graph, dirty governmental hospitals, rampant police brutality, criminal’s supremacy are forms of corruption. But isn’t there any measure against the corruption?

Yes, there is! Law Education is the one-stop-solution for corruption.

Law Education is the medicine of corruption at every level. All your answers are within laws. But what are laws? Have you ever read about any law at schools? I guess not. This little problem has given birth to a devilish situation. Read our next eye-opener story:-

Result of insufficient Legal Awareness!!! 

How the “Marriage” was made legal obligation?

Intro

It is a very well-known fact that as an Indian we have our best faith in one particular institution i.e., Marriage. It is not an original device for consummating as sex is quick, easy, affordable and fun. Nowadays, marriage is becoming a very big problem in most of the world, in this case, a particular type of marriage we know by the name of Arrange Marriage. It is being a big debate on the matter that who has invented such complex institution for something so much natural. Few says about marriage as a sacred bonding between two souls which we know is the completely childish thing to get into the mind in the first place.

History of Marriage

Who done it?

Answer. We don’t know. Who invented marriage is the question we should ask in the last. The culprit who has died a long ago cannot be punished in the first place. Rather our question should be why the marriage was created. To know the origin the concept of marriage, we must go back in time when the earth was born out of the supernova named Adishakti… just kidding, we only go back to few thousand years back.

So, why they created this?

About few thousand years ago there was no institution of marriage in any part of the world. At that time, the only way to consummating was mutually agreement or rape. Women were not so deprived of any rights as there was no right but justice, Mother Nature’s most brutal rule survival of the fittest was the law and judgment. Scientific evidence tells that ancient people worshipped Chalice or Vagina. It is clear that women were the dominant species of human society, not housewives as we reserve them now for. The depiction of Athena with Bow and arrow clearly shows that women were more intelligent, sophisticated (and no doubt more beautiful) than man who believed that a ton weighting sword will save them in the battle and arrow somehow miss their a**. Since woman were gods in time back then, they had full right to mold the society in a good form of structure. They invented science, devised stone crafting and gave man few rights (the ultimate mistake).

Why did they do it?

Among many rights, men were given a right to adhere the deity they want to. Man cleverly (wait a minute… it means men do have some brain, awesome) start worshiping penis or phallus. Henceforth came into existence holy s**t and holy trinity. Next the Primo Mafiosi planned a full wipe out of all the traces of matriarchy. Hence, the Mohanjoddaro and Harappan civilisation ended.

After genocide and enslavement of woman, queens reign ended and the king took the spot. To present matriarchy resurfacing again, men always planned better than women. The right to have education, right to select the man for consummating, right to speak in the public, and many other rights were forfeited. In this conspiracy one particular right that was forfeited. This particular right made woman substandard species to their counterpart, men. However, Judiciary has given this right back to the women by Allahabad High Court in full. This particular right named: RIGHT TO PROPERTY AND INHERITANCE.

You may be looking for a reason to deny truths given above. No wonder, we have patriarchy society for way too long. This patriarchy has been mixed in our blood. Somehow, we have reason to debunk myths. You may be wondering how Right to property and Inheritance is linked to marriage. Let you brain do some guess and read our next story.

Why was the “Marriage” made legal obligation?

Know why current Law is failing you!!!

In the same year, i.e. 2013, when Umakant’s case was noticed by the newspapers, the Supreme Court sadly struck down ‘LGBT milestone’ judgment. They decided to give LGBT Community a reason to stay fighting for their rights. Now, when the courts can’t do anything, Apex Court has left future of LGBT community in the hands of our Law Makers. Ever watched Rajya Sabha Television or have read any newspaper? You might have noticed few picture of Delhi with a big round building behind pictures of our politicians. That’s the Parliament. A place belongs to the elected people who discuss and take decisions. There is also a Vidhan Sabha which has the responsibility to make a new law or amend existing. Are they willing to make some law to correct delay in justice or LGBT recognition? If they might had, there might be a better world.

In the hierarchy of the court, district courts are the most important. District Court is the court where a person first admits its case and get justice. In all district courts of India there are 18050 sanctioned posts of Judge and out of these posts, only 14432 have been filled up. Now we can look upon the state where the most posts are vacant. Third place goes to Uttar Pradesh with 318 vacancies out of 2108 posts; the Second place is won by Bihar 555 vacancies out of 1487 posts, and the award goes to Gujrat with 606 vacancies out of 1728. Comparatively, Allahabad High Court is much better than the worst but there is nothing good in it. Note: Judiciary is working hard to get through this problem, for what they should be praise.

Now, look on the pile of pending cases in District Courts. There are total 26829605 cases pending in the district courts of all India. You know what it means? It means that on average one out of every sixth person of our country owns a case on his head. You can say that this is not shameful as our population is shamefully above 120 Crore (12 billion). But this is not the end of it, there are 2,69,90,895 fresh cases instituted in various district courts.
Certainly, this rage you but judiciary itself working to provide justice even when it fails. On the average scale, a Judge hears 50 cases, which he certainly can’t. In the discussed quarter, the judiciary disposed-off 5044185 cases. But the main concern is not the number, but the delay in giving judgment. Though the judiciary is working the dispose the cases but the process is slow. There are 4407861 pending cases in the said quarter and high courts disposed-off 510841 in the said quarter. In fact, there are lakhs of cases which are more than 11-year-old and some cases are even 10 years old.

A possible reason for the pendency of trial can be: absence of witness, absence of Public Prosecutor, the absence of Judge, wrong date for the hearing, holidays, etc. and all of the above noted excuses prolongs the time of the proceeding. Neither the accused nor the victim gets the benefit from it. We have entered into the era of information technology but people are still being informed by Posts with 30 days of average delay between every proceeding.

In the Civil Cases, the court can issue the ex-parte order. In the case where the plaintiff is delaying the proceeding, the suit can be dismissed. However, same is not possible in Criminal Cases. A criminal case can be instituted even where the offender is not known. After the arrest, the police officer owes the duty to show the offender in the court within 24 hours of arrest. Then it is the duty of Magistrate to observe where there is any prima facie (evident) offense has committed or not. After that, there goes witnessing and everything else.

Umakant’s case was criminal but he was not confined to jail, which is a relief. In the said case the court put of 350 dates of hearing but no one approached the court to prove accused guilt. With nightmarish 29 years long criminal proceeding, do the criminal got punished? Under the I.P.C. punishment for theft and criminal breach of trust altogether does not constitute punishment what have been endured by Umakant. On every hearing, the witnesses didn’t approach the court but Umakant was forced to appear because he was accused. Even if the said man had stolen 50.67 Rupees, did he deserve 29 years of harassment done by the system? Maybe Apex Court and High Court have the explanation for this prudent question. Why witnesses bear no responsibility to appear before the court? Don’t they have any civic duty at all, or they are just taking pleasure of laziness of our lawmakers.

In the said 29 years long proceeding there were 350 hearing dates where no witness shown up. Witnesses’ absence can be because of witness busy or just doesn’t want to appear. Judiciary can direct government department to grant leave to the witness (in case the witness is a government employee) or pay up the equivalent of witness loss of earning, but nothing works in practical. Most of the witnesses don’t even know about such provision and those who know wise choose not to mess with the corrupt lower class of judiciary. Virtually no witness gets the allowance, hence, not willing to appear as well.

The court is powerful enough to establish a system where the court can deposit allowed compensation into witnesses’ accounts right after the witness appearance in the court. In the case where everyone is present but the public prosecutor is absent, then the court can allow available public prosecutor to continue proceeding and same can be provisioned in the case of learned Judges.

Judges and Public Prosecutors can rebel against such provision but Criminal Procedure Code already provides the ready-made solution of the problem. Under the code, if the Magistrate got transferred or retires from the court in the midst of proceeding, the successor can take up the case where from the last Magistrate had left it. Same can be done in the case where the Public Prosecutor is absent. In practical, the provision is in force but sometimes no judge shows up in court. Secondly, Public Prosecutor already deals with 100 cases a day.

We have an infrastructure to serve a summons in untraditional, faster ways. Rather than spending costly postal means, we can serve to summon directly on the mobile phone of the witnesses. To encourage witnesses to serve the summon on time we can ask them for their bank account number, so, the compensation for the witnessing can be paid to them on the date they appear in the court. This procedure can give an opportunity to Central Government for building a centralized identity system that will work faster than anything.

The judiciary has a very big excuse for its long “punishment” like proceeding: assurance that innocent won’t be punished. But just hailing a punishment makes the verdict worthy. Does delay of 29 years serves the purpose of judgment while the accused has rotted his life away. It is presumed that every accused person is innocent unless proven guilty. When Public Prosecutor introduces a matter to the Magistrate, he can discharge the convict or frame the charges, right after that the accused is called accused, but the proceeding doesn’t end here. Right after that, if accused person denies of any crime then the court is required to proceed on accusation party to give more hard proof to prove guilt and witnessing follows.

Civil Procedure Code and Criminal Procedure Code tries to speed up the judicial machine, but both Judge and lawyers know that even petty cases take months to procure final decision.

Delay in justice is so much worst that Actor Sanjay Dutt and Salman Khan have said that the court can hang them by neck rather than for calling them on next date of hearing. And in Female Feticide Scam the reporter who published the scam was falsely implicated in various cases, just to punish them by using the criminal procedure. The issue was brought up on ‘Satyamev Jayte’ TV series and the fast track court was established to sort out the matter, but the current situation is still unknown.

There is various fast track court specially established for quick disposal of the trial but the question is why we needed to establish it? Why justice is suffering from the delay. The 29 years case was not taken with seriousness because the person who suffered didn’t try to take it on bigger media. The story was shown on various News channel but there was no spark in the public. It is because people don’t know about justice, they don’t even know about the concept of justice. They are just ready to blame lawyers and judiciary.

The truth is that even the most enthusiastic lawyer turns down when they see pages long order sheet. If there is a world record for the delay in justice then Indian Judiciary might have already won the title several times.

Ordinary people might think that condition is not worth noticing but in all this the one who suffers is ordinary people. Undoubtedly, delay in justice has proven to be a nightmare, that why everyone fears justice rather than having faith in it.

It is a responsibility of Government (both State and Central) and the Judiciary to sort out this problem. You can dig a mountain, you can climb Everest but you cannot get justice in India in time, even if you are the judge.
People elect the politicians and put faith in them so they can solve the problems an individual person cannot solve, but, where ruling and the opposition party is busy in throwing stones at each other and judiciary is suffering from lack of dedicated persons, the system cannot change.
The problem has not even left Apex Court. There are 6 vacancies out of 31 sanctioned strength of judges and 59816 matters pending in the court. Out of said pending matters, 39356 matters are more than one-year-old.
Since independence, India has not just suffered from corruption or poverty but also from delay in justice. However, the people are getting aware and digitization of the whole judiciary has started, ultimately giving us a hope, but this progress is Snailish. Digitization has helped to reduce significant amount of delay in the process and progressing. It is expected that somewhere, in time, the whole judiciary will get digital, making every activity transparent and public will start taking an interest in having justice. Though the public is currently busy in controlling and killing youngsters for honor and fake morals, soon they’ll start realizing the value of justice and these unfortunate stories will be history.

If you are a victim of DELAYED JUSTICE, let us know

Know why lawless future is dark!!!

In India, everyone fears the LAW. The Law was written for the safety of the innocents from bad guys. Somehow, for last 100 years innocents are fearing law and bad guys are enjoying the flaws of laws. Even worse, it is happening for way too long. Why is the law unable to do its work? Why the law, which is so extensively written for us, is feeling helpless.

Many readers will agree that habitual offenders and criminals are enjoying the freedom and innocent people are living a hell. The situation is so harsh that people are taking their lives. What could be worse? We are still not learning from our mistakes and there are still criminals leading our governments.

Even if we watch our news for some time, we will see some news reporters telling us that the MLA (the politician who makes laws) is the history-sheeter. The background of brand new politicians in Bihar makes us feel that criminals are leading our government. Of course, we the taxpayers and voters we are responsible. Also, allegations against Public Servants has proven their efficiency in crime and corruption. Worse, if we count white collar crime as the serious crime, then the scenario will be utterly hopeless.

Quite recently, C.B.S.C. Board of Education made “Law Education” a compulsory part of the basic educational. Just think about it, it took them 50 years to figure out that law education is even necessary for the future of our nation. Major education board still haven’t made law education a part of basic education system.

In our school system, everything is sub-standard. Parents pay their hard earned money, but it never works. Right now, a majority of our youngers are ill-educated. They just hate the books they carry in the bag. For them, school is one lot of hell Made-in-India by their own parents. However, for school makers, education is just another business, a fortune making business, indeed.

The outcome of this education system: the majority of students have no interest in their course subjects. Worse, schools are not ready to give kids an opportunity to visit the library (if there is a good or even sub-standard library at all). Students have no access to literature and books they may like. Somehow, teachers are also not interested in teaching. At present schools have their focus on “Finishing-the-Course”. Alas! In such situation, law education is going in the dustbin. There may be more chalk dust classrooms but kids are not going to learn about the law.

Now have a picture, will ordinary kids (who have no access to Giant-English-Schools) are going to learn about law at all? Seriously, you also know the answer. Absolutely NO.

So, people, this is the little picture of our law education. I believe you have some questions and would like to have answers. Keep looking for them. We have some answer in the next part of this post.

Know how you can save your future!