aditi mungi
30 September 2010 at 11:48
the accused is acquitted. what is the next step 1. Criminal Revision in District court 2.Appeal to high court
Member (Account Deleted)
30 September 2010 at 00:00
I have a question that I was charged under Sec 498A and the chargesheet is not yet filed. The case was filed in May but the police came to arrest me in July so its almost 90 days after the police action. The IO during talks says that the other side is asking her to delay filing the Chargesheet. Is there a specific reason for the delay being asked for by them.
I s there any legal implication the background being I have a regular bail but my family members are on a Stay arrest order via mediation centre clause so until mediation centre report is out the stay is valid.
Please suggest
Anonymous
29 September 2010 at 23:00
Hi Experts,
I need your advise on my matrimonial case. Please guide me appropriately. Details of my case are as follows:
1. I and my wife were working in the same office and we got married on 21st April'08. It was an intercaste marriage - me being punjabi and she being JAAT. The girls parents and relatives were against this intercaste marriage but she somehow convinced them. I was staying in Pahar Ganj(Delhi) and she was staying in Dwarka (Delhi) before marriage.
2.We purchased a house in joint name in Ghaziabad (Indirapuram) before marriage (her parents were not aware about the same). I paid Rs. 8 Lacs as black money to the builder and we took a loan from HDFC for 22 lacs rupees. BUT we got the flat registered for Rs.19.50 lacs instead of Rs.30 lacs. And, next days after marriage we shifted to our new house.
3.After marriage her parents' interfare started and it ruined my family, they wanted my mother to be out of our house which I refused, so she left the home on 17th December'2008 and while going back she took away her jewellary and also took along my mother's gold jewellary as well.
4.After that they started demanded 6-7 lacs rupees (blackmailing) me else they threatened that they will file dowry case against me. I refused to fulfil their demands.
5.After she left the house (asking for divorce), we both stopped the EMI of our housing loan because that was in joint name.
6.I had also submitted 2-3 complaint in nearest police station (1st complaint being on14th Jan;-09), SP Office and ssp office in Jan'2009 clarifying the intentions of my wife and her parents stating that they are threatning me to file a false dowry and harassment case against me etc. and also mentioned about the jewellary and articles she had taken while going back.
7.On 14th Jan'09 ONLY she also filed application in CAW Cell-Dwarka,New Delhi- I attended the dates regularly without any fear(because I had not committed any crime), wife submitted a false list of 10 lacs rupees claiming wedding expenses.
8.I took anticipatory bail from Delhi (Tis hazari Courts) on 20th Jan'09.They on this, they filed a FIRon 9th Feb'2009 in P.S.-Indirapuram u/s 498A,323,504,506 & 3/4 DP ACT. The best part was that SHO of Indirapuram P.S. was their relative. So they tried to harass me in police station, threatening me but I was not arrested. Immediately, next day I went to Allahabad courts and got stay on arrest against the said FIR against all accused(mother,uncle and me).
9.Case was referred to mediation center in Allahabad courts in March'09 but no compromise was done and mediation failed. And, i did not apply for a regular bail as of now.
10.After returning back from mediation center, wife filed application u/w 12 of DV Act in Dwarka Courts (Delhi) in April 2009. The case is still going on and on and on - and I am attending all the dates regulary without any lawyer.
11.The trial started for DV case and we were still talking to each other (because of same office), talking to each other on mobile phone, landline, going around in weekends-finding for a solution but we could not come to any conclusion or compromise.
12.Now, she filed Divorce case as well in Dwarka Courts (1st date was on 18th August and next hearing is in November).
13.Because of Non-payment of housing loan, I was told by HDFC bank to vacate the house, so I had handed over the peaceful possession of secured property to HDFC in March 2010. They have sealed the house and now they are trying to sell that.
14.I have recently changed my job and because of new job (monday to saturday), its difficult for me to attend the courts going forward.
Now, I need your advice on the below:
1. I do not wish to give divorce to my wife against the false Divorce case filed by her in Dwarka Courts. In how much time they can get ex partie orders-if I do not attend the court because of my new job?
2.Should I file for Sec-10 (Judicial Seperation) ? Will it help to postpone the divorce?
3.Is it possible, if I appoint a lawyer to attend the court on my behalf for Divorce case and Sec-10 case, if I am unable to attend the court?
4.What is the impact of false list of 10 lacs rupees, submitted by my wife - claiming wedding expenses? The list is completely false, and they will not be able to prove anything in the court regarding this list.
5.My wife is earning Rs. 32000 pm. Can court still order maintenance ? She is claiming approx. 20,000 per month as maintenance in her DV case.
6.I have already submittted copies of her salary slip in my reply (I was able to arrange her salary slip because of our same office).
7.I had submitted 233 pages reply proving/showing all allegations mentioned in her 20 pages DV case were 100% false. Still just wanted to know - Will I have to give any kind of maintenance or permanent alimony to her, incase of Divorce?
8.Can I file / Should I file any counter case-civil/criminal against my wife and her parents to harassing me(filing 498A against me and my family) and also for submitting false statements in the courts?
9.Can I claim 50% amount from my wife against the black money, we paid to the builder at the time of purchase of joint property? She is well aware about this blackmoney.
10.Also, please provide any valuable inputs/suggestions regarding this case.
vinod bansal
29 September 2010 at 22:33
R/Experts
In my case u/ss 154/160(2) Railways act,investigating officer recorded statement of some persons during investigation,but didnot cite them in the list of prosecution witnesses and now investigating officer in his court evidence exhibit that statements of other persons,who were not present in the court.Though my objection was recorded being inadmissible evidence.what is evidentary value of this exhibit. Kindly suggest.Thanks
Anonymous
29 September 2010 at 21:40
Can u please send me the facts and principles of the Gian Kaur vs. Sate Of Punjab SCC(2)648
Anonymous
29 September 2010 at 20:26
can a review petition be filed in quash judgment of an FIR and if yes under what section ?
Anonymous
29 September 2010 at 18:19
Dear Experts,
The judge has finished hearing in a quash petition about 2 months ago and reserved the judgement.is there any way to get the order early so that the accused is brought to book without delay.The stage of the case is that charges are framed and witnesses are summoned.The proceedings have been stayed till orders.
P.C.gupta
29 September 2010 at 17:59
Dear Experts,
My wife filed a false 498a case on me & on my whole family,our whole family suffered with this case for nearly 3 year.we were jailed for one week.Then after She & her parent were need of big lumsum money and they came down for settlement. At last we made settlement and we decided for divorce also in that agreement.After this she turned hostile in 498a case and case was closed.Now it is one year happend, i want to file a false evidence case on her u/s193 IPC.Pls suggest is it possible now and if so wht will be punishment for her.Can i win the s/193 case.Any obstacles i have to face?
note:Mutual divorce case in court at present.
Anonymous
29 September 2010 at 16:48
we are a Pvt.Ltd.company , we filed a case in the district court at JMFC under section 138 of Negotiable Instrument Act, the advocate representing our company did not filed the power of Attorney of the person who was appearing on behalf of the Company. after bringing stay on judgement we filed revision application in the senior division , there we allowed to file power of attorney , but the lower court in the cross examination raised point of resolution to be file along with POA, which we didnt filed . therefore our matter disposed off on the ground that the adv. for complainant failed to prove that he has authority to represent the company.
therefore my quary is what will be the next stage either to file appeal or file criminal reivision petition. and if appeal where it has to file ?case desided in nashik.High court or session court
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abt 302..
hello LCI...
i want to know about chances for bail in ipc 302.. (sentence for life imprisonment.)
can i succeed in this case..
plz advice me... i am going to apply in high court.
thanks...