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Tarun Bajaj (Service)     24 December 2015

Application u/s 319 crpc in 498a and 406

After 12 years of marriage, my wife filed a false case against me and my father and mother under 498A and 406. In the final report of FIR, my parents names were removed as accused from the FIR and only I took the bail from the Court one year back.

My father age is 68 years and mother age is 61 years  both are senior citizen.

Currently, the case in Court is registered under Section 173 in The Code Of Criminal Procedure,  and during Prosecution Evidence my wife filed an application under section 319 of CRPC to add the names of my father and mother.

4 dates are already gone from the court under the stage of Consideration of her application and every time, I go to the court, I am just getting next date and a reply that the application is still under Consideration.

My lawyer says the Court will decide on the application filed by my wife under section 319 CRPC without argument.

Really need advise;  Is my lawyer advising me right ? Can the Court accept her application and Summon my  father and mother without argument ?

Please guide and advise.



Learning

 8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     25 December 2015

I don't the court will accept her 319 crpc application,when the names of UR parents don't figure in the FIR and chargesheet,it means prima facie is not established against them.

But the court if convinced and deems it fit,according to the application,may order thr IO to further investigate the matter against the names mentioned in the application and submit a report..

prabhakar advocate (advocate)     25 December 2015

If her application has been taken on the record and if the judge comes there is some substance in her appliation, then you will be asked to file the reply and both the parties are asked to lead arguments in support of their submissions.  Once MM decides either way, the aggrieved party has got right to file revision petitions against that order in higher court.

arjun   25 December 2015

She probably wants to demand heavy alimony from u just be alert record each thing record calls use hidden camera etc

jack (nothing)     29 December 2015

As sainath told if judge add your parents further investigation is required. If judge add's with out further investigation taking sworn statement from wife(that means judge favor wife) it is quash able.

Neil Avery   21 October 2017

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F4D   26 November 2017

Dear 498a Figher,

I am exactly in similar situation. May I please  know what happened in your case?

Tarun Bajaj (Service)     26 November 2017

The application got dismissed u/s 319

F4D   26 November 2017

Awesome! Did you take any further action against OP basis this?


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