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Pavitra Prabhakar (MBA)     21 May 2012

Urgent help , 319 in 498a

HELLO to all ,

I am facing 498a trial , a new twist is there in the trial , want some information and suggestion from all of you.

In the bogus FIR filed against me all the family members were named in it , police raided my place and arrested me and two other members of the family and produced in court from where we got bail and came out.

and after that we produced evidences of our inncense to the IO (police) , they stated , as you were arrested you have to face trial but other famly members of  your family will be  spared and they exempted there names from the charge sheet.

Now the madam 498a is not turning up in the court for cross examiantion instead she filed an application under 319 section for summoning the rest of the family members .

plz suggest what to do now.

thanks in advance.
 



Learning

 5 Replies

Pavitra Prabhakar (MBA)     21 May 2012

without recording of statement prime witnesses and their cross examination , can judge summon someone whom police has given clean chit.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 May 2012

 

The principle of additional prosecution u/s 319 CrPC allows the judge to summon and arraign as accused other people who have not been previously made accused (your parents fall herein as they were made accused but discharged by the police itself - hence for purposes of trial they were never accused) on the satisfaction of following conditions :-

i) They can be jointly tried with the accused already on record; 

ii) ON EVIDENCE DURING TRIAL OR INQUIRY THE JUDGE BELIEVES THAT THEY ARE ALSO COMPLICIT IN THE OFFENCE. 

Now this is where her application would fall down - for the reason that their involvement has not come out on some evidence, the court won't act at her word for she has an axe to grind. The Court would act u/s 319 only in exceptional circumstances - and when a person's involvement as accused is clearly discernible, on objectively determinable material.


Feel free to talk !

2 Like

Pavitra Prabhakar (MBA)     21 May 2012

THANKS BHARAT SIR,

IS THERE ANY JUDGEMENT , THAT WE CAN PRODUCE IN COURT AND SAVE OURSELVES.

OUR COUNSEL IS SAYING THAT HE CAN'Y ARGUE IN COURT FOR YOUR PARENTS AS THEY ARE NOT ACCUSED, PLZ SUGGEST SOMETHIG ON THAT ALSO

ALSO SHE (498A WIFE ) USING IT AS A DREADED TACTIS TO EXPLOIT AND EXTORT MONEY FROM US,.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 May 2012

In P&H the tendency is to entertain 319 application after the evidence is over in 498a cases.

 

However in Delhi and UP the same is entertained even before evidence has started.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
3 Like

False victem (Engineer)     02 July 2012

Dear Sir, 

Same think happening in my case my Bhabi name was not there intially but, my wife father is now approaching DSP that why her name was not in 498a. Also wether her name will come in 498a aswell. 

What step we can take to prove that wrong or her name not come in case. Please advice.


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