puneet sandhu (service) 19 March 2013

498a criminal complaint in court

Respected lawyers,

Can you guide an important thing regarding 498a. Suppose a girl gives a complaint to police against her husband and in laws. That complaint was closed on merits with no registration of FIR. Girl agrieved of decision then files criminal complaint in district court in which judge has not take any cognisance yet. Can she also simultaneously ask for relief in form of FIR or Enquiry from another officer by writ petition u/s 482. I mean if she already have filed criminal complaint case in lower court and simultaneously filed writ in high court for relief to file fir or enquiry from other officer. If Not? then can Husband's reply in higher court suggesting that girl has already filed case in lower court be sufficient to dismiss their writ petition.

With regards

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6 Replies

Manish Udar (www.Mehnat.IN) 20 March 2013

Let the enemy fire first, then you reply.

www.mehnat.in/wives.html

Gagandeep Goel (Advocate) 20 March 2013

No it won't be.. The basic purpose of the using writ petition is to make the system of executive n judiciary workable. Further prima facir Evidence will be the basis of the decision of the high court to order a re investigation n the Same will be done by issuising directions to the concerned Majistrate. Gagandeep Goel Advocate

1 Like

mohammed ahmed (technical support) 20 March 2013

dear lawyers,

a case of 498a has been filed in june 2010 by my dear wife and till today there is no charge sheet filed , the lady left a 1year old baby girl with me , who is currently with me , the honourable court has given next date in sep 2013 , what should my recourse be , pls advice ?

puneet sandhu (service) 20 March 2013

Mr ahmed please post your query in seperate thread.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 20 March 2013

I agree with Ld. Goel about it.

1 Like

puneet sandhu (service) 20 March 2013

Respected shoneek,

Judge has summoned police for their report on matter, they might willor might not be present their report on this date. But since Me and my parents are also the party to the case, (Summoned not yet issued to us) My advocate tells me that we should file reply on this very date and will try to tell the court about their complaint case in lower court before judge fancy out any option. As far my knowledge I have also read under section 482 powers of high court can be invoked if party do not have any other measure left. Guide me.........