498a

Querist : Anonymous (Querist) 13 December 2011 This query is : Resolved
Hi All

My wife filed a false dowry case on me in her native place X while investigation IO has transferred the case to place x where we were stayed due to juridiction.And they went to same ranking court in place x with the help of police & court has given permit on the request letter given by police.Then file has got transferred back to her native place x.Then we went session court for the lower court order they they given the call for records to see the documents.

Now my question are

1)Whether same ranking court can pass any order against same ranking court order.
2)We have filed revision petition in session court whether it is maitanable
3)Now at her native police has gone to court for to take permit to continue the investigation.whether it is legal when higher court ordred for called for records.
4)when the case is pending at the higher court if they do the investigation is legal.

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Devajyoti Barman (Expert) 13 December 2011
1. No or Yes both depending upon the situation.But what was the order?

2.Yes maintainable.

3.Yes legal unless the sessions court has given any stay of further investigation.

4.Yes legal unless the high court has given any stay of further investigation.

Raj Kumar Makkad (Expert) 13 December 2011
1. It cannot pass such order as it is unheard in the history of legal system in India.

2. Yes. It is duly maintainable.

3. Police might not be aware of the revision and it is doing its duty unless stayed by any court.

4. If no stay has been granted, plice has to do its dury of investigation.

Shonee Kapoor (Expert) 15 December 2011
Agreed with Ld. Mr. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 19 December 2011
My queries

suppose police has filed the charge sheet in her native place after taking the local court approval & the session court has ordered in our favour saying that investigation has to happen in my place.Then that case charge sheet is legal or illegal

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