397 crpc after 482 crpc possible?
crusader
(Querist) 30 January 2015
This query is : Resolved
Dear learned Seniors,
I am a victim of false 498a case. I got married 3 years back and my wife is not staying with me since last 1.5 years. One month back I came to know that she has filed 498a and other sections against me and my family members.
It's a complaint case in the first class judicial magistrate court. After going through the complaint copy, I came to know that she tried for 10 different sections under IPC, but the Magistrate took the cognizance of only 5 sections which are also completely baseless, frivolous and motivated.
My Query: Police came to our house with Bailable Warrant (BW) and we filed our application for Anticipatory Bail (AB) under CrPC 438 immediately. Family members received AB except me, but I received 'Stay on Arrest' till mediation.
We have already filed petition in High Court for quashing the case under 482 CrPC. My question is whether we should we move ahead with a 'Review Petition' against 'Cognizance' under CrPC 397, so that few baseless sections could be removed, before the charges are framed. Or, 397 is simply not possible after 482?
Looking forward to your expert advice.
Best Regards,
False 498A Victim
P. Venu 
(Expert) 31 January 2015
It is better that you wait for the HC decision on 482 petition.
Devajyoti Barman
(Expert) 31 January 2015
You can not explore two different option with regard to the same matter.
I wonder when BW was issued then what prompted you to go for AB. Your surrender would have resulted in immediate bail. Not a good advice to say the least.
Rajendra K Goyal
(Expert) 31 January 2015
You should proceed with the case on merit. Quashing may not be allowed.
Dr J C Vashista
(Expert) 01 February 2015
@Crusader/False 498A Victim,
Anonymous????
I have all the doubts on issuance of BW in the case u/s 406/498A IPC, wherein other family members were granted AB and you were allowed 'stay on arrest'.
Guest
(Expert) 01 February 2015
Well advised by Experts Mr.P.Venu and Mr.Devajyoti Barman
ajay sethi
(Expert) 01 February 2015
contest case on merits before trail court
crusader
(Querist) 01 February 2015
Dear learned Seniors,
First of all I would like to thank you all, for finding out time from your busy schedule to answer the above mentioned queries.
I would like to add a point here which I forgot to mention, that the moment police came to our doorsteps with BW, and by the time we managed to understand what on earth this 498a is and started finding our lawyer, NBW file got moved in the court's record as stated by my lawyer. Therefore, technically we can say that parents got 'AB' after NBW got moved. But, we never got to know whether its BW or NBW. Police only told us the Complaint Number and advised us to take AB from the court and that too after greasing the palm.
I am not from law background, therefore apology for missing out the technical details.
Best Regards,
#False 498a victim
T. Kalaiselvan, Advocate
(Expert) 01 February 2015
You have been advised to wait for the outcome of the 482 case, so better wait.
Nitish Banka
(Expert) 15 November 2015
Dear Crusader
your case depends on evidence on record contest it on merits.
Thanks & Regards,
Nitish Banka
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