Mustafa Bhat
17 September 2018 at 22:02
Respected Expert,
My 498A & 406 Case has been put for final written arguments. Can I get guidance for drafting of final argument for 498A & 406. Any written argument sample/draft for 498A & 406 which will help my counsel & me by providing idea / technique of writing a good / healthy argument.
Plz do suggest & help.
Anonymous
08 April 2018 at 13:12
Respected Experts,
In 498A & 406 prosecution evidence stands closed.
I was called for defense, I submitted some documents in defense, prosecution filed objections to these documents on the following grounds.
1) Evidence by the accused the documents doesn't satisfy the criteria of being legally termed as evidence.
Documents to be admissible must necessary be relevant.The documents doesn't relate to fact in issue. Documents doesn't even relate to the charges framed against accused.
2) Submitting irrelevant documents at this stage of trial is an attempt to prolong the trail by accused.
3) Even for sake of argument and presuming the documents to relevant, still they can't be allowed to be admitted as evidence, such exercise will have a tendency of reopening the evidence.The admissibility of these irrelevant documents will prolong the trial and each such documents are to be proved or disproved and persons related are to be summoned as witnesses, which surly would be time consuming & prolong the trial.
Need an advise can prosecution file such objections.
Need expert advise about the admissibility of these documents as some documents are the certified copy of statements of PW in others Hon'ble Court .
Mustafa Bhat
10 March 2018 at 21:09
I opposite party has contracted second marriage but in court is not accepting the same. She has availed leave from her department/office for miscarriage.
I got through RTI the leave application & sanction order of leave wherein the name of husband is mentioned.They are both photo state copies...Can they be considered in evidence as document...As evidence has been closed & in defence I have one opportunity left for submission of documents.
Mustafa Bhat
15 December 2017 at 12:49
I have enhancement petitions for my baby going in court of CJM through mother who her self is a gazetted officer drawing more salary then me ..I requested to court for increase from 2000 to 4000 but the lady is demanding 10000 to 15000 and didn't agreed on my submission . They are now producing witness in court, one of witness has mentioned exorbitant school fee & bus fee for his baby (witness baby)... For which my counsel protested by saying witness is lying b4 court & has asked for production of school fee & bus fee documents, on which the lawyer from opposite party raised hue & cry & said the witness is not required to submit the documents of fee of his child .Judge has kept it for argument on next date.Is there any Judgement/ citation /law which makes it mandatory for the witness to produce the documents of fee of child...Need an advise plz.
Mustafa Bhat
22 June 2017 at 19:28
HIMACHAL PRADESH HIGH COURTYear of Decision : 2016 Details
Criminal Procedure Code, 1973, Section 301, 302 -- Permission to assist prosecution - Does not include the right to conduct the trial - Once complainant had specifically sought permission that his counsel be permitted to assist the prosecution, he cannot turn around to contend that such permission included a right to conduct trial also - Thus,..........
Need this Judgement can any please share it,
Mustafa Bhat
20 June 2017 at 19:22
In 498a & 406 Prosecution has closed their evidence,then I was put to questions by court u/s 313.Then submitted list of Defense witness. On 06-06-2017 one of DW was examined the DW was cross examined by Prosecution by Prosecuting officer in the court of Judicial Magistrate Ist class.
Now on 19-06-2017 the counsel of complainant/ lady has submitted an application that he be also allowed to cross examine the DW & the DW1 be recalled for cross examination. My submission is
1) Is such application maintainable.
2) Can court allow him to re-examine DW1 who has been already cross examined by Prosecution.
3) If possible please share some judgement.
Kindly advise. I will highly obliged.
Mustafa Bhat
20 June 2017 at 19:02
If Prosecution declares it's witness hostile, then what is the credibility of such witness. How can be it used for the benefit of accused.
Mustafa Bhat
17 December 2015 at 00:28
Sir,
Can a lady marry who has lodged a case of 498a & 406 against her in laws & husband (A) is pending for disposal in court of law with other person (B).
The lady & in laws are Muslim. The husband say he has divorced her but lady all along has been saying she is wife of A.
Now if lady go silently for second marriage with B , what has A to do to get rid of cases.
Mustafa Bhat
29 November 2015 at 18:55
Respected Sir,
A criminal Case U/S 498A & 406 is pending for disposal before JMIC where the alleged offense has occurred.
Now the lady has filled the application for transfer in CJM Court for transfer of this case from this JMIC Court to any other Court citing the reason
1) That, the applicant is the Victim of violence perpetrated on her by the Respondent No: 2 the husband of applicant & there other family members. The applicant/Complainant filed Compliant against the respondent which culminated in criminal case under section 498A & 406 against the respondent & others.
2) That the applicant/ Complainant seeks the transfer of the case tilted State Vs ...... from the Court of Judicial Magistrate Place A to any Competent Court. It is submitted that the most of witnesses cited by the investigating agency in the calendar of witnesses hail from Place B and it will be convenient for all the witnesses to come in the court at Place B.
3) That the applicant/ Complainant is also residing at Place B and it shall be in the interest of justice if the said case is withdrawn from the files of the Judicial Magistrate Place A and transferred to the Court at Place B.
4) That the applicant/Complainant being a woman is vulnerable to the violent and indecent acts of the respondent No: 2 and his associates who belong to Tehsil Place A. It is respectfully submitted that the respondent has assembled a crowd of anti-social elements at Place A to target the applicant and subject her to harassment and indecent acts so as to prevent her to properly look after her case and seek appropriate legal assistance.
Can the Court transfer the case on these grounds.
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498a & 406 (written arguments)
Sir,
In 498A & 406 case oral arguments was done, after oral arguments both counsels requested for written arguments which was allowed by Court, Now the prosecution is saying that they will submit the written arguments one or two days after the defense will submit their written arguments and after providing a copy of defense arguments to prosecution.
Can any one please guide me what is law on it. Is persecution correct.. Any Law / Judgement plz.