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POOVENTHERA RAJAN (Taxation Advocate)     01 December 2011

Quashing charge sheet

Whether a charge sheet filed for offences of bigamy can be quashed on the ground that the De - Facto complainant/ Wife does not having personally knowledge about the second marriage. Whether the hearsay communication can be a valid proasecution.



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 4 Replies

Raghav Sood (Lawyer)     01 December 2011

well if the facts constituting the petition discloses the ingredients of offence and at the stage of issuing process court does demand entire evidence just prima facie case if its made out then issuance of process is inevtable the evidence is hearsay or direct would be the matter of appriciation in the trial the revisonal courts are slow in interfearing preliminary orders these days

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 December 2011

Wait a minute,

 

Wife says that she came to know.... hearsay. Then how can court issue summons. The evidence has to be prima-facie sufficient to proceed.

 

The trial is vitiated and can be quashed.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Raghav Sood (Lawyer)     01 December 2011

prima-facie case do not equate it with prima facie proof the prima facie case would be during the subsistance of first marriage he has contracted second marriage


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

Sir,

 

Please note that Bigamy 494 is a non-cognizable offence, hence some prima-facie evidence has to exist to launch prosecution.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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