Upgrad LLM

crpc 319 pending while husband acquitted in 498-a


Hi

1) During 498-A trial of the husband an application was moved u/s 319 Cr.P.C to add other members of the family as accused (all were named in FIR but later based in investigation put in column2 of the challan).

2) The application u/s 319 Cr.P.C was allowed and all the relatives of the husband was summoned to face trial

3)  Relatives of the husband challanded 319 Cr.P.C summoning order before the High Court and The High Court Stayed the order

4) The trial court proceed with trial against husband and husband acquitted in thr trial.

5) Still the 319 Cr.P.C order is stayed at High Court level.

Under the these circumstances, I have following questions.

1) Does the acquittal of husband has any advantage to support quashing of 319 CrPC order before the High Court ( pls. point to any Judgment to support it)

2) Any suggestion to deal with this situation effectively is highly appreciated.

 

Thank you

Gagan

 
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Advocate

The acquittal of your husband u/s 498a may have some impact in the quash petition against 319 Cr.P.C, but in an intervene or counter to 482, you may record your strong objections to it, that is how you can deal with this effectively as desired.

 
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Advocate/ nadeemqureshi1@gmail.com

agree with expert,
 
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Advocate/ nadeemqureshi1@gmail.com

agree with expert,
 
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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Yes, It will definitely help. If the main person/husband is acquitted then other persons cannot be convicted.

better to contact your advocate he will search latest judgment on this point..

Regards

adv.kamal.grover@gmail.com 

 
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