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DEEPAK MISHRA (assistant Professor)     29 August 2012

Duration for a case declared void/dead in court

Sir/Madam,
My wife left me without any reason on 30/08/11. I filed a case under section-9 on 03/09/11, but she never attend it and filed a 498a case at her hometown(Kasganj,U.P.)on 17/09/11.
On 02/10/11, at police station at Kasganj,U.P, she took her case back, after that police submitted FINAL REPORT to the District court Kasganj.First hearing on that FINAL REPORT was on 20/01/12 but neither she went before the court nor came to me(as i had filed section-9 case against her).
Kasganj district court stopped sending summons to her from the month of february,12.till this date court sent three summons to her.
Sir please tell me that how long the court will take to declare the case as DEAD (VOID) or will accept police FR as final and close the case?
Sir also i want to ask that what is the maximum time within which she can reopen the case again under 156(3) or any other mode?



Learning

 1 Replies

Tajobsindia (Senior Partner )     29 August 2012

1. File “discharge application” U/s 227/228 CrPC and get over with dead criminal complaint matter or live criminal matter thinking once for all.
2. No time limit to file again as it is trickily made ‘continuous offence” by smart petition writer of her sides
J



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