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prabir   11 March 2019


In a 498 case, a 340 petition was filed in April 2015 but it was not heard because lawyer did not show any interest. Even during argument in March 2017, the same lawyer did not put forth any argument to prove the case was false. However, the matter about the pending 340 application was brought to the notice of JM. So on the day of argument, JM fixed a date for hearing of 340 application but the judgment for 498 was passed without completing the 340 hearing & the judgment did not reflect the findings as such it was not satisfactory to us. It appears that the complainant manipulated this for escaping punishment. Her entire complaint was based on false allegations, which were proved false during evidence. As I understand, the SC has ruled many times that judgment cannot be given in such cases without disposing the 340 application first. Three hearing dates have passed since then but 340 hearing is still pending . Now, is it possible to approach higher courts to rectify the matter, now?

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