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Hb   09 March 2019

Cost for making application for issuing nbw against pw

A 498a  state case is going on.

The complainant and her father have  not come for evidence for 15 dates summons have been sent for complainant and her father but the complainants mother receives the summon. ( no male member receives)

Complainants advocate is present . Complainant is abroad for 2 yrs , the father of complainant  attends DV hearings using SPA.

The accused filed an application informing the court and praying for issuing NBW. The court dismisses the application citing that it has been filed for harrasing the complainant and rs 300 cost is imposed.

Can the judge do this and what remedy the accused have since its the duty of prosecution to get witness and Majistrate responsibility to see summon reports and check why its not being served for 15 dates.

 



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 4 Replies

Hb   09 March 2019

They have not attended 498a court they have attended dv court and tried not to attend 498a court . There is no spa on record of 498a court. I have shown the court that they are attending other courts where they need monetary reliefs but not attending main criminal case

Hb   09 March 2019

Well the judge had cancelled my hc bail even when I was present in the court cctv footage was preserved by session and bail also given by session again. Then registrar vigilance also has complaint . Parents permanent exemption application was converted to single day exemption 2times . Now revision under 397 is pending to be here first time next month. So things are bit fishy my lawyer also under pressure as his other cases could take hit and judge was not taking my application through council so I went inperson for last date and did cross of one police person and he still forced me to take back application but I said you have to take it then you might dismiss it. One major application was under crpc 91 pending for 250 days the complainant had called me and confessed how the false cases were made etc recording done transcriptt ready. The judge dismiss the application to preserve on the pretext that privacy of complainant. So anyways I have to go up but question is what is better 397 in sessions or writ in hc.

Hb   09 March 2019

Well the judge had cancelled my hc bail even when I was present in the court cctv footage was preserved by session and bail also given by session again. Then registrar vigilance also has complaint . Parents permanent exemption application was converted to single day exemption 2times . Now revision under 397 is pending to be here first time next month. So things are bit fishy my lawyer also under pressure as his other cases could take hit and judge was not taking my application through council so I went inperson for last date and did cross of one police person and he still forced me to take back application but I said you have to take it then you might dismiss it. One major application was under crpc 91 pending for 250 days the complainant had called me and confessed how the false cases were made etc recording done transcriptt ready. The judge dismiss the application to preserve on the pretext that privacy of complainant. So anyways I have to go up but question is what is better 397 in sessions or writ in hc.

Hb   09 March 2019

Yes I would be doing it in person only . Have stood for many friends in as support during their proceedings. Hc is better and talk sense . Only will take help in drafting and filing . Just don't want the judge to escape due to poor drafting. My only apprehension is that either money is involved with the lower court judge or some hc judge could also be influencing. The influence is what could cause issues

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