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SatCool (NA)     06 March 2016

498-a quashed.what next action plan should i prepare.

Respected Lawyers,

 

Firstly I would like to thank you all & appreciate the kind of help & contributions you have done to other brothers & family members who are suffering from this cheap false 498A case this has really helped me a lot & others & has given moral support. I & my family were going through 498-A, 506 I.P.C and Sections 3 and 4 of the Dowry Prohibition Act. Filed by the fraud lady in different state the sad part is I was in central jail for 4 days for doing nothing.

 

By god’s grace we got the 498-A FIR quashed in that this is what high court has to state.

 

In fact, the learned Magistrate should not have taken cognizance and the taking of cognizance is by non-application of judicial mind without even jurisdiction for no part of cause of action taken place under Chapter XIII Cr.P.C for taking cognizance under Section 190(i)(b) Cr.P.C. and had the learned Magistrate gone through the facts, he could not have chosen to take cognizance of the offence. Thereby the cognizance taken by the learned Magistrate is liable to be set aside. However, when the material on record shows, there is cruelty and harassment while setting aside the cognizance order of the learned Magistrate, the learned Magistrate is directed to proceed according to law on the precognizance police final report by return for want of jurisdiction, so that the police can forward the record of the concerned police of Bengaluru City for registering any Crime and investigation and to file final report to proceed according to law. Accordingly, to that extent, the quash petition is allowed and the proceedings in C.C. No.200 of 2014 on the file of IV Additional Judicial Magistrate of the First Class, Warangal is quashed. The bail bonds of the Accused, shall stand cancelled. As a sequel, miscellaneous petitions pending, if any, in the above criminal petitions shall stand closed.

 

What I would like to know is since the case has been quashed based on jurisdiction I was waiting to see if the opposite party will take any action it’s been more than 90 days now they haven’t challenged this nor the case hasn’t been transferred to Bangalore from the Warangal police & I didn’t get any notice from the local police regarding this. Also I would like to know who will be in charge of creating the file order for 498-A is it the Warangal police or is it Bangalore Police. I’m planning to file criminal defamation on this fraud gang is it good to do so & how about filing divorce as well. I would like to know your valuable suggestions on this so that I can start the fight from here. As always thanks for your valuable time & help really appreciate it.

 

Regards,

Sathish.

 



 3 Replies

Manoj Choudhary (Advocate)     07 March 2016

File a case for divorce on cruelty. For defamation consult a good lawyer. Quashing on the ground of jurisdiction does not mean the allegations are wrong. Even she has right to file a case in the jurisdiction where the offence was done. Better file case for divorce

Manoj Choudhary (Advocate)     07 March 2016

File a case for divorce on cruelty. For defamation consult a good lawyer. Quashing on the ground of jurisdiction does not mean the allegations are wrong. Even she has right to file a case in the jurisdiction where the offence was done. Better file case for divorce

Vicky (Engg)     07 March 2016

https://mensrightactivist.wordpress.com/2014/11/11/counter-case-after-498a-and-dv/

 


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