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harassed husband (def)     13 November 2011

Merits of the case

Husband falsely accused of 498a in local court where wife resides.Husband files CrPC u/s 482 in High Court.Matter referred to mediation. During mediation , opp party clarifies that they do not want compromise.They want the case refrred back to their local courts where they can influence the judiciary & pressurise the husband.

Mediation failed and matter refrred back to HC. What next?

What are the 'Merits 'of the case? Does the HC routinely refer the case back to Local court , preferably with directions like Bail on same Day?....Is there no possibility that the case can be contested at neutral place or at Hig court?



Learning

 5 Replies

Sanjeev (Lawyer)     13 November 2011

The HC dont quash the case it will send the case back to lower court with directionns for Interim bail on appearence and listen final bail after calling records from the police station. This seems to be Allahabad HC is it?

sridhar pasumarthy (ADVOCATE)     13 November 2011

Dear HH,

High court exercises its inherent power u/s 482 Cr.P.C. sparingly under rare circumstances.

If u want to get the case tried at neutral court, move a transfer application before Sessions or High court, as per the requirement.

Rajeev Kumar (Lawyer/Advocate)     13 November 2011

I agree with experts

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 November 2011

The problem is being raised in diffirent threads,

 

please consolidate.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


(Guest)

As a site administrator/Moderator u should consolidate threads with SAME PROBLEM. IThis is done in all BBs. of other sites.


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