rajiv_lodha (zz) 20 July 2011

Criminal Case Against Wife

We remained away from parents throughout our married life in a rented house.

As relation turned sour, I am in 498a soup. Pending legal terrorism, wife forcibly entered my parents' house to harass them, they managed to put a case of ‘criminal trespass’ & she got summoned in some sec 448. It was a private complaint at MM court. Now I want to increase pressure at her. On last date, it was for “framing of charges”. But the time we got to know what is happening, the CJM announced another date, nothing practical happened. I am not satisfied with advocates version, plz guide me.

It’s a private complaint. He says that PP will “frame the charges”? To the best of my little knowledge, its not a case of STATE vs Mrs X, so why PP? Advo says…

1.we will approach PP so that he does his work well for us this time (read bribe him).

2. The girl gang may have approached PP to delay the matter!

Plz tell.. what is the normal course of such a case? What is the best possible pressure point at this stage? I do not want to approach PP & bribe him, is there any way out so that our advo puts pressure on court itself to move effectively rather than giving another date this time? Or the PP is able to delay the matter?

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4 Replies

Self service (None) 20 July 2011

You are correct. Only thing you need to represent yourself before MM or ask your advocate to do so. Similar thing happened to me where my lawyer was advicing MM is waiting for police report and will not take any action until police submits report. But I forced that I want to request MM for proceeding other wise whats the use of complaint to MM, as police will not send report easily or will be in favour of opposit party who already bribed police.

Surprisingly MM when after hearing me asked me to record statement and he will proceed further. Many times lawyers play games or get some favour for delay. In my case it was MM who framed charges against oppostion (it was builder) only PP was involved in argument and that was also just formality where MM based on documents simply famed charges for 420/406 againts builder.

Only thing you can do speak in front of MM.

rajiv_lodha (zz) 21 July 2011

Thanks a ton for reply. Preliminary evidence/witness statement is over from our side. After that MM gave orders-- Smt XX stands summoned U/S 448 on dd date. Smt remained absent on that date--- warrents----she appeared & gave bail bond---- next date for framing of charges. The cart is stuck here!

Real problem is -- Petitioners are both parents, myself out of story, parents are alone there & >70yrs. I don not think they may do anything at MM court. All they do-- call the advo when turn comes, a new date is given & they return. I am on some professional training for coming 2 months. My friends will be of their help back home.

Thats why I am asking what my lawyer can do better, what v can ask him to do in particular, only if myself is enlightened?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 July 2011

Firstly file an application for waive off the personal appearance of your parentes under section 205 Crpc, second thing is that the framing of charge is duty of court not PP. PP only an assisstant of court on this stage.

rajiv_lodha (zz) 22 July 2011

@nadeem, Thanx!

O'wise also, I think, the girl has to be present from now onwards at every hearing & not the petitioners. Correct me if I am wrong.

What is normally seen in our small towns at least, advocates do not put their heartly efforts once they take money from litigents. If parents are present at court hearing, they may see themselves what happened actually! O'wise we have to rely on advo's version at the end of the day. So exemption is not required, things are local, they can easily go & attend, but can not perform much b4 MM.

Acc 2 ur view, PP has nothing 2 do much. What I pressurize my advo to do at this date?