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amit8 (abcdef)     20 August 2014

498a private complaint ,procedure ?

Could any one explain what is 498a private complaint ? is my understanding correct as below 1.498a pvt complaint is filed directly court , when police refuses to file fir 2. once complaint is accepted by judge , the case has to start 3.the deposition /evidence is given by the girl and her witnesses 4. cross of the girl and her witnesses is done by opposite lawyer 5.arguments are done 6. based on arguments evidences etc.court decides if charges are to be framed or it can dismiss the case if no evidence of 498a is given can all this happen without the accused being present in court ( staying abroad)


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 11 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     20 August 2014

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. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 August 2014

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,

 
Shonee Kapoor

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

amit8 (abcdef)     21 August 2014

Thanks for the replies, Shonee ji, My case is in Gujarat. After Step 2: Pre-summoning evidence by the Complainant + her witnesses,, will there be an interim argument ?? , where we can mention that there is no evidence given which directs to 498a , She gave oral statement /deposition and her cross was done at step 2,she admits that she signed the petition without reading it. ( initially when I got summons , I went to high court on poit of jurisdiction , but high court said case can be filed anywhere, till 4 years they took no action on the case. and now the case started)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

How come cross happened w/o summoning you?

 

 

 
Regards,
 
Shonee Kapoor

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

amit8 (abcdef)     21 August 2014

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 ?

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     21 August 2014

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. 

karthik (divorce applicant)     21 August 2014

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.

Chetan Joshi (Advisory/Advocacy)     21 August 2014

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

1 Like

amit8 (abcdef)     22 August 2014

Thanks for the replies, the summons were issued , just on oral statement , no documentary or any other evidence.

Die Hard (business)     30 August 2014

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

vipin   02 October 2018

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


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