Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul Kumar (Business Analyst)     09 October 2012

Complaint case under section 315

Hi,

My wife's father has lodged a FIR u/s 498a, 323,506, 504, 313 and 3/4 of DP Act in May 2012. After police investigation sections 313 and 506 were dropped in charge sheet submitted in court as the medical documents submitted by my wife were not supporting the allegations that my family had beaten her due to which she suffered miscarriage. Actually she had aborted the baby in her womb much time before the lodging of FIR. She had also hidden information about abortion, RMP's name, medical documents before and after the abortion. Now we are planning to file counter criminal complaint case under Section 315, 202 and 299 IPC. My question is that

1. Should we go for such countercase as we are apprehensive that it might backfire on us?

2. Can the court order re-investigation in such case?
 

3. Should we file this case with suitable medical opinion?

 

Regards,

Rahul



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 October 2012

No the counter case would help you shift the balance of power. S.315 seems to be attracted, also explore the provisions of the MTP Act. Don't go in for a 299 case, explanation 3 makes it clear that the killing of foetus before it, or any part, has been brought forth is not homicide.

 

Good Luck !

 

Bharat Chugh

Advocate Supreme Court of India

ravindra (abg)     09 October 2012

Dont file cases now let her do more mistakes

Rahul Kumar (Business Analyst)     10 October 2012

Sir,

Should we file complaint case with medical opinion (seekingt hrough RT)I and can the court order re-investigation in such a case?

Regards,

Rahul


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register