Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Chetan Singh (SE)     08 September 2011

Wife not coming on court

Hi All,

My 498a, and other similar cases filed by wife.
Charge sheet is prepared and initially she was appearing on dates but now last two dates she is not comming.
Her Bayan(Gawahi) is pending now,but she is now hiding herself.

Judge has given NBW todays date. Which means warrent.

1. She is not living her local and permamnent address right now so how police will find her?

2. Is there any way to help the police to catch her from my side.

3.What is the deadline for NBW , is it next date police will catch her?



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 September 2011

When wittnesses avoid the dates given for their evidence then court will issue some times bailable warrant or Non Bailable warrant, but those wont be sent to custody.  This NBW will be inforce upto the next adjournment.

You please keep quiet, if police didn't find your wife then it is good for you.  There wont be any Complainant's evidence .

 

 

Advocate M.Bhadra   09 September 2011

If the police would not able to arrest her within resonable time and absence of complaint the case will be disnissed.

Chetan Singh (SE)     09 September 2011

Thanks Rajiv ji and Minansu JI.For your quick responce.

SANJAY SHARMA (ADVOCATE IN CHARGE)     09 September 2011

DEAR

 

AFTER NBW INVESTIGATION YOU SHOULD FILE AN APPLICATION U/S 340 CRPC FOR FALLS EVIDENCE AGAINST YOUR EX WIFE AND THEIR FAMILY MEMBERS.

AND AT THE TIME OF NEXT DATE YOU SHOULD APROACH TO COURT TO DISSMISING THE SAID SUIT 

Chetan Singh (SE)     10 September 2011

Thanks Sanjay ji, But one question.

YOU SHOULD FILE AN APPLICATION U/S 340 CRPC FOR FALLS EVIDENCE AGAINST YOUR EX WIFE AND THEIR FAMILY MEMBERS.

U/S 340 needs to filed before my next date , like after NBW my next date is after 20 days.
So when I go for U/S 340 and will it dissmissing the wittness apperence?Will my false case will solve easily by this?

Adv. Chandrasekhar (Advocate)     10 September 2011

Rajeshji,

Try to understand and follow the advice given by Mr. Rajoo and Mr.Minansu Bhadra.  Just ignore Mr. Sanjay Sharma's response (Sorry Mr. Sanjay. S. 340 Cr.P.C. cannot be invoked at this stage.  Further, as it is a criminal case, the word "suit", which you used, shall not be used).


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