406 ipc
SUBHAM AGARWAL
(Querist) 31 December 2011
This query is : Resolved
can a case under 406 ipc be filed in Magistrate court when a priovious judgement one year before by session court in DOMESTIC volince act states that there is no stridhan in possession of in laws and no list of articles of items is there.How to procede for quash.Please provide supreme court and utrakhand high court judgements
Nadeem Qureshi
(Expert) 31 December 2011
Dear Subham
no need to worry about it. It can be file because the magistrate court have no knowledge in this regards & wife can file the case with false facts, when you got summons then file a certified copy of the Session Court order, after that the court may pass an order for aquittel & you can also file a n application before court for start proceeding u/s 340 Crpc against her or prosecuted her u/s 182 IPC.
feel free to call
Advocate. Arunagiri
(Expert) 31 December 2011
If there is any fresh evidence to show that the stridhan is in possession of in laws, this case is maintainable.
Any how you can file the copy of the sessions court order.
Devajyoti Barman
(Expert) 31 December 2011
There is no bar. Such case is surely maintainable though it may not meet with much success at the time trial.
Another thing -the decision of a court of co ordinate jurisdiction is not binding upon the another court.
Deepak Nair
(Expert) 31 December 2011
You can produce the judgment of the Sessions court and the court, if convinced, can acquit you.
But, as stated by Mr.Arunagiri, the case is maintainable if there is any fresh evidence with regards to Stridhan.
Arvind Singh Chauhan
(Expert) 31 December 2011
File a protest petition if it is a complaint case, if it is state case, raise these issues before charge and pray to court fir discharge.
If you can approach to HC apply under Sec 482 Cr.P.C. I think it is sufficient ground for discharge/ Quashing.
Shonee Kapoor
(Expert) 31 December 2011
The case is maintainable.
However, she would have to prove the case in strictest fashion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 01 January 2012
The case lies but you can plead your defence based on the judgement.
