Filecrpc 482 second time what to do?


Hi,

In my case FIR was filed, I went to HC under 482 , got arrest stay on ground of mediation. Mediation was failed, got order from DIG for the re-investigation, new IO filed FR, no one was guilty. Wife file protest pettion, I dont know how lower court judge accepted protest petition and accepted first chargsheet and rejected FR which was filed from second IO. Immidiately I went to HC to change the decision under crpc 482, HC judge stayed the proceedings of lower court and asked to present before court to both parties on ground of mediation. On first date I was absent, but my brother was present him name is also in accused list, my 498a wife was also present but judge has not reffered the to mediation and reconcilliation center and has not asked to wife for her wish instead he has given us next date.

what to do now? offcourse I may be present before the court , so that court should refere the case to mediation center, but same time I am much interested case should be looked on basis of merit, if wife will refuse to go to mediation then , how to deal further on that day..can HC will then look the mater on merit basis? if not can I go for double bence in HC ( Revision) or should we go supreme court..what is the procedure.. case is absolutely false ..

Expert Please advise...

 
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Hi Experts,

 

Please advise ASAP

 
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engineer

Judge may ask the wife why she refused to comply with the compromise. Also court may ask you to meet her demands....

 

mean while if you share your gounds of compromise and quash helps to give you good ideas....

 

file a criminal case against the wife referring the DIG report .... put her in same problem that is intended to you ...

 
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Legal Evangelist - TRIPAKSHA

The mediation center would try for reconciliation and if that fails, settlement.

 

Better go with an open mind.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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One important things everybody is missing the concequences of failure of mediation which likly to happen can i go to sc?
 
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after falure can i go to sc? and how?
 
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Legal Evangelist - TRIPAKSHA

Failure of mediation means that 482 would be decided on merits.

 

If that fails, you have the freedom to move to SC.

 

It seems that the case pretains to UP, so you would get the directions that the bail be decided on the same day.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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Dear Shonee Ji,

Thank you very much for the advice, yes case is from Lucknow, I hope in UP there is no provision of AB.

Could you please guide me on one point that: after re-investigation IO did very detailed investigation ( help of Crime branch SP) , they checked mobile tower record, company record photo , vedio , wife's  neighbour's statements, everything was in my favour, after this 100 page Final report was submitted to lower court ( as previous charge sheet was already submitted to lower court before re-investigation order), In this final report - IO found no one is guilty, but he submitted his report on analysis bais non in FR official formate, becasue charge sheet was already submitted. after this FR, wife filed protest petition, but lower court has not given any summon to us or even IO just accepeted her protest petition on basis of - Final report was not with FR front page format, thats it.

But I would like to fight case and not let her resister the case in court as this is while lie.

I can go to supreme court or what so ver need to be done I will do and want to prove that no one can do like this , if you wont allow to do her.

 

Please help and guid me so that I would be successful in getting this case Quashed.

Also please let me know top class lawyer in Lucknow for this case. I dont have any financial issue.

 

Also my brothers are gov employee and they were on duty where she is blaming in FIR that they came to her home and demanded dowry, even I was in Mumbai on duty and finger print is required to go inside the office.So can I file case against her at this stage itself?

 

Thanks/Regards,

Raj

 

 
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Legal Evangelist - TRIPAKSHA

Yes, you may move SC, but only after the remedy of HC is availed.

 

However, there are many a slips between the cup and the lip. The protest application if accepted would have been decided on merits by the magistrate, so you would need to find faults in the same only.

 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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Thanks shoneeji, In protest petition after FR and found no one guilty, judge accepted it on grounds in two line:

1.Final report submitted by second IO was not in FR format

2.Proof are man made.

but which proof is no good he has not mentioned...submitting in FR format is no where related to me he could have asked to IO for this, but no one was called..

 
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