Required urgent help
Querist :
Anonymous
(Querist) 19 May 2011
This query is : Resolved
Respected sir,
I have filed DP3 against my wife and his family members u/s 156(3). After lot of struggle the hhonable court order SHO to register FIR against the parents of my wife and given the protection to my wife u/s 7(3). In my case i have filed this DP3 before their complaint of 498a, as my wifve is not agrived in this case as their 498a is counter blast to my complaint. Now after one and half year of investigation ploice has filed the charge sheet in which
they have taken the regular bail and now case is fiexed for the consideration of charge. Their uncle is retired judge and he told that court will not frame the charge against them. They have even given a statement that for the demand of dowry , they were constrained to sold their house and they have also given an affidavit in some other courts too. and i too got many more documentery evidences as well as citations of HC and SC. My case is very different to the Mr. sexsena case which was quashed by the high court. Kindly suggest me what i have to do. In my case Ld. PP has to fight my case as it is state vs and kingly just tell me may i have the liberty to produce the facts and argue in presence of Ld.PP. or i have to keep quite as per law only i have to listen the argument of Ld. PP and other party. Kkindly suggest me what i have to do so at least charge can be framed against them.
With kind regards
PARTHA P BORBORA
(Expert) 20 May 2011
If it appears from the case record that, there is a prima faci case against the accused, the Court will frame a charge. Framing of charge is a discretionary power of the Court. But the discretion must be judicious. If the Court discharges the accused person without assigning any lawful ground you may file a revision in the Court of sessions.
As per Cr.P.C the P.P shall conduct the prosecution and a private advocate may assist the P.P and may file a Written Argument at the stage of argument.
