498a private complaint ,procedure ?

No....a complaint with regard to dowry demand is to be filed in CAW CELL...not directly in court...the authorities of CAW Cell are used to try to sort out the matter after calling the husband side,,,after being failed.....the file is to be moved to P.S. to register a case under section 498-a IPC;

Besides that a girl can file an application before the court & thereby seeks relief by way of directions to the investigation officer to  register an FIR. If the court satisfied, then it can pass the order to register an FIR. 

Amit,

Your understanding is correct for many states; where police does not register FIR and the girl can move 498a as a private complaint case.

Here the procedure is:

Step 1: Complaint to the Court

Step 2: Pre-summoning evidence by the Complainant + her witnesses

Step 3: Summoning of the accused

Step 4: Evidence lead by Complainant + Witnesses

Step 5: Cross-examination

Step 6: Defence Evidence if any

Step 7: Arguments

Step 8: Judgment

The court can dismiss the complaint at Stage 2 itself; if it is not satisfied by the pre-summoning evidence led by the complainant and her witnesses.

Regards,

How come cross happened w/o summoning you?

Dear Shonee ji ,

 the initial compalint was filed in 2008 ,I had recd the summons for it , after that i went to high court  to quash on jurisdiction , high court said case can continue to lower court , till date they did not proceed with the case .

now after giving application to court to close the case , the appreared and gave their depostion and my lawyer did the cross ,

is this the correct procedure ?

If you recd. the summons, that means, previously the pre-summoning evidence has been led. The procedure seems correct.

If you don't fight for what you want, don't cry for what you LOST. 

It depends on the capability of your lawyer who is filing private complaint, if he is able to manage then private complaint is dead easy, i have seen this in many cases.

Mr. Kapoor has quite elaboratively covered the procedure. Just to add, Step 2 entails judicial discretion. That is to say, if the magistrate is of the opinion that there is no case made out then the case can also be dismissed at Stage 2 and in that case you do not receive the summons.

Usage of 156(3) as a direct route has been subjected to judicial interpretations which one might read for knowledge enhancement.

Regards

Chetan Josh

Adv(dot)chetanjoshi@yahoo(dot)co(dot)in

What will happen if judge after seeing private complaint from wife to order IO to register FIR, refers the case to mediation.? What to expect in mediation? What will happen if mediation fails? Please advise

i my case without any proof  lowar  court charg me.so i am file revijan.pls gaid me  for clear  this case.