R/sir,
A case of sec 497 registered against me in 2015. Now the case stage is "framing of charge".
As the sec 497 has been declared unconstitutional then why the court is talking cognizance of this section against me.
Moreover the supreme Court has denied this charge against an army officer booked under 497 and set him free. His case was registered in 2016.
Could you please tell me why the honable court is not dismissing the charge of 497 against me?
When the matter is in court, Hon. Judge decides maintainability and also gives consideration to the opinion of the counsels. Members can not decide on why a case was not dismissed for non maintainability as every order should state reasons for their actions. As they have to dispose the cases, if the charge is not maintainable, Hon. Judge will naturally do it in the first instance depending on facts.
