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Madhu ojha (Orthopedic surgeon)     17 September 2012

Quashing petition against wrong misused sec. 498a

 

Hello 

I am wrongly involved in an complaint to police under 498A on 12 sept. We were 4 persons in this complaint. Its totally bogus. We got bail on the same evening So we are released from custody. I want to ask following questions 

1. What is the time limit for going to HC for quashing this wrong complaint? Can the quashing petition be submitted before the charge sheet submitted by the police dept.? IF they dont submit the charge sheet on time, can we apply for quashing before the high court? Or we have to wait till the charge sheet is submitted and the time limit starts only after the submission of charge sheet by the police dept.?

2. Is there any other provisions under any section of Cr P C to complaint against the lady who wrongly involved us in prowoman 498A complaint? Can we take legal actions against her criminal complaint? 

Thank You 

Dr M M OZA drmmo50@yahoo.com



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 1 Replies

Anish Thakur 7018812737 (advocate)     17 September 2012

you can move to high court under sec 482 Crpc after filing of the chargesheet, yes you can file compliants against the woman who had involved you in false complaint,you can lodge 192,193,209,211,120b,464,469,330 IPC and 340 CrPC,feel free to call for detailed guidline as few more facts have to know for proper advise.


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