Double jeopardy
durgaprasad
(Querist) 26 January 2016
This query is : Resolved
helo sir,
i am durga prasad my girl friend filed case under 354 D, on 22/10/2013.
that was disposed by the honorable court on 05/11/2014.
surprisingly she made same complaint with almost same allegations she filed one more case on 15/01/2015 under section 354 D (2),
now i came to know that the word double jeopardy, but not able to under stand, can i get any relief under this double jeopardy?
Devajyoti Barman
(Expert) 27 January 2016
Yes, you can apply for quashing of this case if the 2nd case is based on same old incident.
Rajendra K Goyal
(Expert) 27 January 2016
If the case is for same incident apply for quashing.
durgaprasad
(Querist) 27 January 2016
sir same incident means, there is some difference between two cases.
first one is like this: that i was threating her to marry her, other wise i would marph her photo graphs. and harassing her under name of love
actually we married in 29/05/2013, lived together for 15 days, then her parents taken her away.
18/10/2013 i sent lawyer notice to her then she filed under 354 D 506 ipc, but i showed the marriage photos.
court disposed the case on 5/11/2014.
then on 15/01/2015 same complainant filed the case under 354 D(2), now it is in trial.
now the complainants allegations are as follows.
i have caught hold her hand, challenged not allow her to marry in the future any person.
but in the those two case there is no cause of action.
now will it be come under double jeopardy?
Adv. Yogen Kakade
(Expert) 27 January 2016
Take the reference of the first case while going for quashing the current case. Ask your lawyer to put the matter smartly ans argue accordingly.
durgaprasad
(Querist) 27 January 2016
cant we do somding?
if it is the law, smart ones only can live in india, rest of them sud live with out honor or die only.
is it a chainlink process to file cases one by one?
then when the justice done, if once court acquitted a person then complainant wil file anthor one, the accussed would be accused until die.
law needs to be changed!
Dr J C Vashista
(Expert) 28 January 2016
How can a complaint u/s 354 D IPC is maintainable against husband?
Pure hypothetical and academic query.
durgaprasad
(Querist) 28 January 2016
sir, i am also arguing same with police and my lawyer,
how can she file a case under sexual harassment.
no body are considering my voice, they are saying she is a women, so whatever she said will be correct.
i felt its a shame to be male!
my doubt is how long she will be going to file the cases one by one she had filed 3 case, police has gaven me one bonus that is Rowdy sheet.
because father of the girl is right hand of our local MLA.
can u help sir with your advise? i think its a conspiracy may be my lawyer also involved, because he wants to settle the matter if paid 75000/- to the girls family.
Dr J C Vashista
(Expert) 29 January 2016
If you feel, contact personally for further action/proceeding, if you are located in Delhi/NCR. You can have my contact/address from clicking my profile.
durgaprasad
(Querist) 29 January 2016
sir i am from Machilipantnam, Andhra pradesh.
it is not possible to me contact you directly.
give me any suggestion to give them a fight for justice.
i got one acquittal regarding the same section, they filed same section 354d(2) with in three months after the acquittal.
