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Harrassed (accountant)     11 January 2014

Got stay in 498-a, 323, 504 and 506 ipc

Dear Experts,

 

Thanks for support till now.

I got stay order from Allahabad HC and its contents are as below:

Heard learned counsel for the applicants and leaned A.G.A. for the State.
Issue notice to opposite party no. 2 returnable at an early date.
Counter affidavit to be filed within three weeks.
Rejoinder affidavit to be filed within two weeks, thereafter.
List thereafter before appropriate Bench.
Prima facie, a case for grant of an interim relief is made out.
Until further orders of this Court, further proceedings in case no. XXXXX/9 of
2013 arising out of Case Crime No. 24 of 2013 under Sections 498-A, 323,
504 and 506 IPC and 3/4 Dowry Prohibition Act pending in
the court of learned Chief Judicial Magistrate, Meerut shall remain stayed.
.

I do not know what my HC adv write in petition as i am staying abroad.

1.What it means,could you pls let me know?

2. What should be my next step?

3.As divorce is already happened so i am insisting to fight case on merit and i clearly told them that there will be no compromise.so court could force me for mediation as i already have all proof to prove them they are wrong and case is false.

4. As there was no arrest or any order of arrest so my adv didn't apply for bail also.Is it right?

Thanks





Learning

 10 Replies

Dr J C Vashista (Advocate)     11 January 2014

.1. & 2  The order is in your favour, contact and appreciate your counsel.

3.As divorce is already happened so you should be insisting to fight case on merit and court may ask force me for mediation for amicable settlement.  As you havel proof to prove that they are wrong and case is false you can move petition for committing a fraud upon the court/law for initiating purjury (u/s 195/340 Cr. PC) and of course yourself .

4. As there was no arrest or any order of arrest so your adv can let you know what to do. However, Bail is applied only after custody and not before that.

1 Like

Biswanath Roy (Advocate)     11 January 2014

The H.C. case is in  your favor you can appreciate the performance of your Counsel and can give him Thanks. Proceedings before  the Magistrate has been frozen until further order of the High Court.

1 Like

Harrassed (accountant)     12 January 2014

Thanks for replies...

Already given thanks to him..

My Question is how the court will process?Will they ask me to come back to india for hearing and how often they given dates monthly or longer dates..

And what does stay means is it like they have doubt on the FIR or chargesheet?And how much time this case will take to get over as police didn't find anything because there is nothing of violence or abuse and they have mentioned in chargesheet also.

My objective is to punish my Ex-FIL for filling false case against me and my family and destroyed the life of my ex-wife(I think she is inosense).because those Ex-MIL and Ex-FIL are crooked persons as i have given divorce because of them after they filed false 498a against me n my parents.

Regards

Dr J C Vashista (Advocate)     12 January 2014

Mr. Harrassed/ Annonymous,

There are end number of queries posted here even after proper advise and excellent performance of your lawyer, still unsatisfied?

The court will proceed as per procedure and law of the land.  They may ask you to come back to India for hearing.  It depends upon various factors that how often they may give dates monthly or longer dates.

And  stay means freezing of proceeding of lower court.

No one has doubt on the FIR or charge sheet which are yet to be proved.

And time to be taken in this case will depend upon various factors and no one can predict.

If police didn't find anything of violence or abuse and they have mentioned in charge sheet also subsequently they can be sued for malacious prosecution.

You may fullfil your objective is to punish your Ex-FIL for filling false case once you are exonerated. 

2 Like

Biswanath Roy (Advocate)     12 January 2014

In the High Court case your personal attendance is not necessary. Your Counsel will represent you date to date. Since the criminal proceeding has been stayed so you shall have to communicate the HC order to the Magistrate concerned through your lawyer.  If in the HC case it can be prove that the allegation made against you u/s.498A,323,504 AND 506 are falsely made to injure you ,in that event you can file a criminal case against the complainant u/s.209 I.P.C. before the Magistrate alleging that the claim in question was made in a Court of Justice as defined in sec.20 I.P.C.which was false. If you can prove that your FIL and MIL induced the complainant to file such false case then you can tag them u/s.120B with SEC.209 I.P.C.

1 Like

T. Kalaiselvan, Advocate (Advocate)     13 January 2014

I think that both the learned advocates Dr. Vashista and Mr. Roy have elaborately opined about the details and further course of action in this regards.  You may note that the high court is only a temporary relief, once your wife side people file their affidavits and the case is taken up for hearing, if the high court opines that it is a fit case for trial after hearing both the sides, the lower court may be directed to proceed with the trial as per law.  Whether divorced or not this is a different subject, you have to challenge it accordingly.

2 Like

Harrassed (accountant)     13 January 2014

Thank you...My Query is answered..lets hope for the best for trial...

T. Kalaiselvan, Advocate (Advocate)     13 January 2014

You are welcome, let me wish you all the best.

Biswanath Roy (Advocate)     14 January 2014

If you face any problem or difficulty to win the case you may contact me directly.   My Mobile no. 9836858000,  E-mail -bnroy.advocate@gmail.com

                                                                                                                                                                                                              B. N. ROY, Senior Advocate,

                                                                                                                                                                                                               Calcutta High Court

mohammad asif khan (assistant advocate)     15 January 2014

can you please provide your case no. in high court or please copy paste the details....... I am also in a same situation......

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