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Dr. Atul [9013898936] (Lawyer, Scholar)     27 August 2017

Position of vague allegations in 498a after taramani parakh?

Hi guys. This is a query from my fellow professionals and also from any other Member who miht be aware. After Neelu Chopra v. Bharti (2009), the Supreme Court had made certain observations against general allegations without any specific role of each accused, and also, the practice of merely using the language of the Sections. That seems to have been disturbed by the Supreme Court decision in  Taramani Parakh v. State of M.P. (2015) where even general allegations were found enough to continue the prosecution. Many Courts in Delhi and Uttar Pradesh are now following Taramani Parakh instead of Neelu Chopra. 

My question, dear fellow professionals is, what is the general position and perception in your respective High Courts? How are High Courts now approaching 482 CrPC Petitions in 498A IPC Complaints. Before Taramani Parakh, there was a slightly stricter view taken against vague allegations. Is it so after Taramani Parakh?

I'd appreciate inputs. Thanks.



Learning

 4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     27 August 2017

Sir,

 

You can refer to my blog and see some relevant citations .... Click on this false cases to read the article  .... 

 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450,9911218741 

 

Siddharth Srivastava (Advocate)     27 August 2017

This forum is not meant for enlightening the aspirants.

Siddharth Srivastava (Advocate)     27 August 2017

You can take advantage of vague allegations in cross examination of complainant or the person who made vague allegations.

Dr. Atul [9013898936] (Lawyer, Scholar)     27 August 2017

Originally posted by : Sidharth Srivastav
You can take advantage of vague allegations in cross examination of complainant or the person who made vague allegations.

 Thank you Mr. Srivastav for enlightening this aspirant on the value of cross examination in a 482 Petition. Cheers.

 


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