Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Indian Citizen (Associate)     14 February 2011

Urgent help for 498a

Wife filed a false complaint case under 498a against the husband.Basis the complaint case, cognizance was taken by the lower court and initially summon issues against the husband. Husband didnot recieve any summon. Later after few summons/notices, lower court issues Bailable warrant and finally NBW.
 
Husband rcvd NBW and he filed CrPC in High Court ,revision of criminal charges u/s Sec 482 for quashing of the proceedings at the lower court. Stay granted and case referred to mediation. If mediation fails then the High court may either direct the case to lower court with Bail on Same day or it may dismiss the petition, basis the merit of the case.
 
My question is:
 
1. What is the "merit of the case"? And how is it decided?
2. What evidences husband need to collect for  such false case?
3. The lower court took cognizance of the husband on the verbal statement of wife alone, was the husband should not have been interrogated/informed?
4. Under RTI can it be found out that
                  Wthether Summons issued were posted to the accused addressed and did they reach the recipient?
5. Under RTI can the husband file a complaint to know the nature of evidences submitted by wife and the action taken thereafetr by the police?
6. What else can one file under RTI to know that a foul play was played at police/lower court level?
 
If you can share your email Id ....will share the case number.

rgds
 



Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register