varadg (nil) 19 August 2012

498a discharge application

Dear Experts and Members,

Wife filed 498a 406 3/4 IPC.

I have made a discharge application on grounds-

1. Offence is not made out.

2. Discrepancies in the Statements of the Witness. All the Witness contradict each other in their statements. All the witness even my wifes blood relation and friends are silent on any specific dowry demand.

3.No specific allegations. Vague allegations. No documents and evidence adduced with the chargesheet are supporting the FIR and Statements.

4. The statement of the "interested witness" (who was an eye witness to the alleged crime) also contradicts the statement of my wife.

5. FIR not sent to concerned Magistrate u/s 157 Cr. PC.

6. My wife made 6-7 desperate attempts to stay with me (which she has accepted in her statement which is considered as the FIR), even after the alleged metal and physical cruelty. Why will one want to stay with a criminal?

My Query -

1. My Wife appointed her own lawyer. The PP has made a comment on the her lawyers application that the lawyer can assisst the PP.

My Question- Is ther any provision that I can oppose her private lawyer from defending her case? If no, then what are the circumscribed limits beyond which her lawyer cannot interfere/assist the PP? Please reply, if possible with some case laws...thank you to all the respected members in advance!

Any other inputs are more than welcome!!

thank you all.

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6 Replies

RAHUL KANSAL 9041629676 (ADVOCATE) 19 August 2012

hello,

No there is now way in any law by which you can stop any person to appoint a personal lawyer and the limits of his interference is also same as your lawyer have. But i cant understand why you want to stop his lawyer from pleading from her side , dont think in negative way , you have one another way and can aproach a good lawyer for yourself .

varadg (nil) 19 August 2012

Thanks RK. Appreciate ur reply.

Anirban (Jr. partner) 19 August 2012

it is not possible to oppose her private lawyer from defending here.

regarding 498a judgments you should check here:
https://www.legalservicesindia.com/judgments/supreme_court.htm

Feroz A. Shaikh (ADVOCATE) 19 August 2012

There are specific case laws in which her lawyer can be a watching advocate. Her lawyer has to act on the advice of the PP, and can submit written argument and cannot defend the case indenpendently. There are specific case law of Bombay High Court and also reiteration of the same by Hon' Supreme Court, that a private advocate cannot act independently and discharge duties of PP.

Case laws:

Smt. Meena Nagraj Oswal V/s State of Maharashtra and Ors. Criminal Writ Petition No. 1169 of 1989

M_S_Jk_International_vs_State,_Govt_Of_Nct_Of_Delhi_And_..._on_23_February,_2001

Shiv_Kumar_vs_Hukam_Chand_And_Anr_on_30_August,_1999

Thanks,

Adv. Feroz Shaikh

manish jeswani (lawyer) 19 August 2012

please go through section 301 sub sec 2 of crpc. The provision itself is very clear and unambiguios . But the lawyer assisting the pp will have to act only under the directions of pp he will not have any right of audience.