My wife has file case under DV ACt in 2007 sec 18 (f,g) and 20. The case is till pending as she is using unfair means to delay it. My cross examination is under process.There is no protection officer report as per sec 12(i). No police complaint No FIR etc. Its complaint case
I have written application to President on Oct 2007 which came for enquiry in 31 Oct 2007 as her relatives attacked me multiple occassions.Theenquiry was ordered by SP offcie to CAW cell. To sasve her realtives she has filed case on 22 Nov 2007 in DV Act and without any enquiry she took summons from court by hand on 13 Dec 2007 and appeared before CAW cell on same date and refused to take part in enquiry.The police stopped he enquiry as matter has been gone to court
Now she has filed appllication asking the court to direct me submit my residential address salary slip last 5 years IT return and all.
Is there any law that I have to submit these documents.I denied giving correspondence address as there is threat to my life though I gave permanent address which is given in court
My wife has filed cases under DV Act and 498a in Nov 2007.Both are still pending as they are lingering
She has filed case under sec 125 in Dec 2008.The summons were not done at that time.But through my sources I checked in Court that the case was closed in May 2011 as she didn't appear in Court.
Now in Nov 2014 the summons were again done in case under 125.Is it not abuse of process of court.Sending summons after 6 year and starting case.
Is there any judgement of Apex Court regarding the abuse of process of court.
My wife has filed case under DV Act in 2007 with Domestic incident report or any enquiry
In 2009 the court ordered to get information about Protection officer as per sec 12 (i) of DV Act on my letter
In 2010 they brought letter from DM office that there is no protection officer and no investion could be done under Dv act.
In 2011 I got reply from DM office under RTI Act 2005 that there is no protection officer but CAW cell does the enquiry.
The case is still pending as the accusseds cross is going on.
My wife is delaying the cases by one or other means as I have produced so many legal evidences to prove that no cruelty has happened with her instead she has filed case with malafide intention
Can I move an application in court stating that she has produced incomplete and false information regarding protection officer to avoid investigation. What other cases could be filed for producing false information
What is Docet? Magistrate has said he will docet for speedy trial as other party is not accepting summons.
I would like to know what is the procedure of the proceeding in 498A in Uttar Pardesh.
At the time of framing charge can we move application under sec 245.
When can we cross examine the complaint after charge sheet or before also. It is a complaint case without any material evidence i.r. no FIR, no medical report nothing at all..
Need a good and sincere lawyer with ethics in Noida Gautambudh Nagar UP who can fight for me against corrupt court and court staff and get me justice.
Can written arguments be submitted to SC Judge under sec 314 crpc?
I have filed SLP(criminal) in Supreme Court against High Court. The Hon'ble judge didnt listen the case. He said its simple summoning in compliant case.Go to trail court.He didnt give any chance to say anything and dismissed it. He is arrogant Judge. When we gave him cittation of Supreme Court. He said I am also SC Judge. Othere judges are also equal to me. So no importance of citation.
I want to file review. I want to know if he again dismisses review Then how can I go for three judge bench. What is currative application
What is Diary Number in Supreme Court Case?
What is the meaning of Under Scrutiny in status of Diary Number?
Can it be shown at lower court to stay the case till decided by SC?
My wife has filed case under 498a in Nov 2007. I have filed under sec 482 in Allahabad high court on quashing of summoning orders. There were six members of family Husband ,Father-in-law,mother-in-law,2 sister-in-law and one sister husband. The high court rejected the application against sister-in-law and her husband in Dec 2009 and asked to move discharge application which is still pending. The high court sent case of rest 4 to mediation which failed. Now high court has rejected the case under sec 482. The order is attached here with.
Its a complaint case filed with ulterior motives
My question is can I go to Supreme Court for all members as High court has rejected on the basis that earlier application against 2 was rejected earlier.
What are the remedies.
The order of High Court is:-
Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been preferred with the prayer to quash the impugned summoning order dated 14.11.2008 passed by the Chief Judicial Magistrate, Gautam Budh Nagar and for quashing the entire proceeding of complaint case no. 10070 of 2007, Bhawna Arora Vs. Dharmendra Kumar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar. The matter was referred before the Mediation Centre by the order dated 18.12.2008. As per the report received from the Mediation Centre, the parties have appeared, however the Mediation has failed as there was no settlement in between the parties. Learned counsel for the applicants contended that due to misunderstanding a complaint was lodged by the opposite party no. 2, Smt. Bhawna Arora against the applicants but no such incident took place as she was never harassed by the applicants, as such the complaint is liable to be quashed.
Learned counsel for the opposite party no. 2, contended that in the allegation it is clear that she was being harassed due to demand of dowry which could not be fulfilled. Learned counsel for the opposite party no.2, further contended that the prayer for quashing of summoning order of co-accused has already been quashed by this Court vide its order dated 11.12.2008, in Crl. Misc. Application No. 34840 of 2008.
Learned A.G.A. opposed the aforesaid prayer
Considered the submissions of the learned counsel for the applicants and nature of allegation. At this stage, in view of the fact, no interference is required. The version of the defence has to be examined at appropriate stage,
on the basis of evidence, in accordance with law.
Without expressing any opinion on merit, in view of the facts, if the applicants appear before the court concerned within three weeks from today and apply for bail, it is expected that the same will be considered and disposed off, expeditiously, in accordance with law, in view of the law laid down by the Full Bench of this Court in the case of Amarawati and another Vs. State of U.P., reported in 2004(57) ALR-390 and by the Apex Court in Lal Kamlendra Pratap Singh v. State of U.P. reported in 2009 (4) SCC 437, after giving opportunity to public prosecutor. If the bail application could not be decided on the same day then applicant no. 4 may be released on interim bail till disposal of the bail application.
With these observations, present application filed under section 482 Cr.P.C. is finally disposed off.