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Rampal Singh (bussiness)     17 May 2013

Questions regarding 498a, 406, dv

My wife has filed 3 different cases separately under 498a, 406 and DV. All cases are at different stages:

498a - filed through police FIR - chargesheet filed and charges framed 1.5 years ago

406 - filed as private complaint - cognizance taken by magistrate 

DV - written reply to their allegations submitted by us

Now I have a few questions:

1. In DV case, which was filed before 406, my wife had submitted a list of articles and requested court to recover the articles. After that, she also filed 406 with same list. In niether case any reciepts or evidence is given. Does this become a ground for quash of 406, that we already being tried for having those streedhan articles in DV. Does this not mean double jeopardy? Is there a leading judgement or precedence where second case under different section but same offense is quashed?


2. In 498a, charges have been framed for 1.5 years. Since then there have been about 25 dates. But prosecution has not produced a single witness (they are deliberately delaying matters). They tactically come on days when judge is on leave, or lawyers on strike, and are absent otherwise. Once they were present and judge asked them to give testimony, they said they are not prepared, give next date. Can we do something against this tactical behaviour. Can we ask for speedy trial based on this? How fast actually is speedy trial? Do we need to approach HC for speedy trial?


 4 Replies

**Victim** (job)     17 May 2013

Looks like for IPC 406 fir is not even made out yet neither any production is made. It looks like that simply the complaint has been lodged in court and then court hasn't yet asked police to inquire the matter. Pls provide the full story on your IPC 406 case ? Did court forwarded the complaint to police or not  ?

Rampal Singh (bussiness)     17 May 2013

Court did not forward complaint to police, but instead conducted the enquiry itself by taking testimony of opposite side and after being satisfied that a prima-facie case is made out, took cognizance, and issued summons to us. We were granted bail on appearing before court.

RITESH RANJAN (Translator)     17 May 2013

Sir, what I have learnt from past 05 years of continuing sufferings, please go through their written applications, averments and submissions carefully. If they are at wrong side they might have surely lied in any one of them. AND this gives you a chance to file a case of PERJURY against them. SO READ, READ & READ.

With best wishes

1 Like

Manoj Kumar Jain (abc)     17 May 2013

File application u/s 483 of Crpc to HC.

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