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Ashish   28 November 2017

False criminal case against me. what happens if i get stay?

Hello all,

My sister had a bad marriage and she is trying to get divorce. Her husband filed a false criminal case against me under sec 482 Cr.P.C. that I tried to kill him by firing a gun at him that missed the target. I got the stay order form Allahabad high court. In the stay order it was written that the opposite party may file a affidavit within four weeks. They didnt do anything. Its been an year. What happens if the other party never reappeal against the stay order? will the case remain pending if the other party never appeals against stay order?

A copy of stay order is attached.

 



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 3 Replies

Vijay Raj Mahajan (Advocate)     29 November 2017

Your sister had bad marriage and she is trying to get divorce, this statement itself is falsified by the court order you attached with your question here. Your sister may been in bad marriage but she first lodged the criminal complaint against the husband under section 498A, .....,  3/4 DP Act etc. IPC. The husband in retaliation lodged complaint against you and your other family member. You got stay from the Allahabad High Court and nothing happening anywhere.

Best advice to you is to go for mediation and settle the matrimonial dispute of your sister in an amicable manner, God knows what your lawyers in UP advised you for indulging in all sort of criminal litigation against each other which will lead you nowhere and ultimately one day there will be divorce by mutual consent after settling all these issues those arose between both parties with help of your learned advocates.

 


(Guest)

Have not your lawyer told you that the stay would end on the date of next listing?

Futher, what question you asked here, why the same were not asked from your own lawyer?

Also, why do you believe that the other party would not do anything against this stay order and not justify their case u/s 482?

 


(Guest)

Mr. Ashish,

I don't think, your own lawyer would not have told you about the implications of the present stay order. You could better have discussed about your actual doubt on what you have been told by your own lawyer.

However, you have to understand a very simple thing that if your sister has filed a dv/ dowry case against her husbant, in retalliation to discourage your sister and you and compel you for withdrawal of that case, he has filed a 482 case against you. The other party may or may not attend your bail case, you can be arrested any time, if you fail to get your bail extended from time to time till the 482 case against you is not dismissed in your favour.

 


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