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Victim of Lies and Laws (Others)     24 September 2014

Fighting against delayed dv complaint

Dear experts,
 
I am fighting my DV case u/s 468 CrPC on two grounds :
1. Law of Limitation
2. Unreasonable delay in filing of complaint (it is 1 year and 11 days after she left home and there is no allegation or incident after that day in her complaint)
 
My queries are :
 
a) Will the 2nd ground mentioned above hold good under my application u/s 468 CrPC?

b) Can I please have more judgements (preferably specific to DV Act) in support of both the above mentioned grounds...

I have already used Inderjit Singh Grewal vs State Of Punjab & Anr on 23 August, 2011 as well as Sejal Dharmesh Ved Vs The State of Maharashtra & Ors., 2011 but my application got dismissed in Trial Court and I have filed an appeal in Sessions Court.


Learning

 3 Replies

rebellion (fighting against bias law)     24 September 2014

on what ground it got dismissed and in which state

Victim of Lies and Laws (Others)     24 September 2014

It got dismissed on the "generic ground" citing that the both the judgements are not applicable to the facts of my case.

FightForCause (Businessman)     24 September 2014

Hi Mate,

I had also raised the above 2 points in my case as delay was of 15 months in my case.

But court rejected it citing this 15 months period seperation needs evidence and that time it was deciding Interim Application.

I too wanted to go to Session but was not able to do that due to some personal reasons.

I will again raise these points after evidence is over..

Please keep us updated of your case fate in sessions court.


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