Legal Question in Criminal Law in India

urgent sir, i filed 195/340 crpc which is rejected at first instant by family court as not maintalnable. i want to file 341 crpc in high court.

officials are tellig it is compulsory to include state of up in opposite party in crpc but i dont want to make state of up as op party please guide me 1)-- is it compulsary ? if yes,by which Rule.


Asked on 12/13/16, 11:30 pm

1 Answer from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

JSR/151216/1

Respected Querist,

Greetings!!

The state is responsible for the administration of justice..No rule or section need be cited in that behalf as this fact is derived from the main Source of legal theory called JURISPRUDENCE. So the state has to be made a party. Alongside the Court i.e the Court of Sessions (with complete jurisdictional limits) (in common parlance, the proper title of the Court where 340 Crpc Application was filed) or the Judge in his official capacity has to be made a Party for Sure.

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Answered on 12/14/16, 10:51 pm


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