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MUKESH GUPTA   13 March 2020

crpc 250

After acquittal from 498a and DV Act both in trial and appeal, Does accused is authorized to file case against state under CrPC 250? or it is possibile on order of magistrate?


 3 Replies

Dr J C Vashista (Advocate)     14 March 2020

Answer to your question is "NO"

What is the opinion and advise of the lawyer engaged/ paid by you for getting you acquitted in Trail Court and upholding the order by Appellete Court, as stated by you ?? Just follow it, however, still if you feel strong it is advisable to consult another local prudent lawyer for better appreciation of facts, professional guidance and necessary proceeding.

TGK REDDI   14 March 2020

I fear I'm unable to follow suit.

In the case of Torts, a favourable decision by the Court is necessary to institute a Suit.

But in criminal cases, acquittal is not necessary to prosecute the Complainant ( in this case, the Station House Officer ).

What ideally weighs with a Court is whether an offence is done.

Perjury is not attracted because Complaint was made outside the Court.

I don't think an SHO is a public servant and therefore sanction is, I think, unnecessary. 

This's a typical Reply and I'm ready to face vulgar words and sweeping remarks.

According to the principles of lawyersclubindia, a Member can not only post their query but also they can interact.      Not in the EXPERTS department, however.    It's impossible for a non-expert to interact in that department but can post a query.

A Member is not supposed to interact by way of a query and I've never attempted to do so.

I'm a Member, not an Expert.

Free Legal Help India   15 March 2020


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