498a & 406
Mustafa Bhat
(Querist) 21 October 2015
This query is : Resolved
Sir,
I have given my Statement in 498A & 406 U/S 342 two months back.After 3 hearings of my Statement U/S 342, my ex wife has filled an application through her counsel for my restatement U/S 342.
My submission is can they make such applications, in court. Is it maintainable in court of law.
Please advise.
SAINATH DEVALLA
(Expert) 21 October 2015
They can,if they find that the WS submitted earlier is false,but it is the discretion of the court whether to accept or entertain the petition calling for a statement u/s342crpc.
Rajendra K Goyal
(Expert) 21 October 2015
Court is to decide whether the application be admitted or dismissed.
Mustafa Bhat
(Querist) 21 October 2015
Sainath Sir
I gave my statement U/S 342 as per the questions put forward to me by Judge & after recording the statement I signed on it & the Judge also signed on it. Now after transfer of Judge, the New Judge had joined & they give such application.
Then are they challenging the court & Judge.
My Statement was record by previous Judge under his presences.
Under which provision of law such application can be allowed.
Mustafa Bhat
(Querist) 21 October 2015
Sainath Sir
I gave my statement U/S 342 as per the questions put forward to me by Judge & after recording the statement I signed on it & the Judge also signed on it. Now after transfer of Judge, the New Judge had joined & they give such application.
Then are they challenging the court & Judge.
My Statement was record by previous Judge under his presences.
Under which provision of law such application can be allowed.
P. Venu
(Expert) 22 October 2015
The new judge has the discretion in terms of Section 328 CRPC.
Mustafa Bhat
(Querist) 22 October 2015
Sir Section deals when accused lucnatic .
Mustafa Bhat
(Querist) 22 October 2015
Sir Section 328 deals when accused lucnatic .
K.S.Srinivas
(Expert) 23 October 2015
It is the discretion of the judge to accept or reject the application filed by her.
P. Venu
(Expert) 23 October 2015
Sorry, it is 326 CrpC.
Mistake is regretted.
Mustafa Bhat
(Querist) 26 October 2015
Respected Venu Sir
Crpc 326, is for benefit of accused, not for complainant.
