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Adv Aneesh Trivedi 9424449500 (Advocate)     19 November 2016

Wife went for appeal

this is my judgement link:

https://www.lawyersclubindia.com/forum/My-498a-judgement-142703.asp

here in this case wife go for appeal under sec 374 after reading judgment please suggest what should I do?

is there any proble danger in this?

what preparation i should need now?

note: i filed custody under sec06 and she is not submitting her WS till now..... may be she attache and say she applied for appeal, in her defence, if she wont appear there too then her i try to apply for pray to lapse her chances......

please now battle comes on interesting point after 8 years fight i got clean aquittal........

experts please guide and give your opinion..



Learning

 21 Replies

Sachin (N.A)     19 November 2016

Hi...

 

I think in your prevoius post you wrote she has not appealled and you are going to file case of perjury am i correct?

 

Anyways, It is very difficult prove the allegations after aquittal by trial court. You need not to worry now onus is on her to prove the allegations.

 

May i know what are the points she raised in her appeal?

Adv Aneesh Trivedi 9424449500 (Advocate)     19 November 2016

@Sachin

yes correct but in last few days i come to know that she had gone for appeal

thank you for your motivational support but still who fight little fear is there....

Adv Aneesh Trivedi 9424449500 (Advocate)     19 November 2016

@Sachin

sir i just come to know that she had filed for appel but notice not reached to me the appearance date is 20 dec. she filed on 8 nov 16

Adv Aneesh Trivedi 9424449500 (Advocate)     19 November 2016

which is the correct section for appeal against aquittal she filed under Code of Criminal Procedure 1973 374(4) as i heard.

Sachin (N.A)     19 November 2016

You are right.

 

See the below mention link if it can help you

https://www.lawyersclubindia.com/judiciary/SC-Guidelines-on-appeals-against-acquittal-3983.asp

1 Like

sai narayana   20 November 2016

Your wife gone for appeal even after 8 years of vexatious fight, this itself shows how much she is after you or in legal terms, how cruel she is. Did you filed divorce??

Adv Aneesh Trivedi 9424449500 (Advocate)     20 November 2016

@sai narayana

she had filed diovrce in sep09 but this was dismiss by not press instruction again in march 2014 she had filed but again this was dismiss as she came in the court but not came in court room for her evidence judge knows this she was in court her advocate says to judge, judge called her but she did not came in court so her that sec13 also dismiss she was keen to divorce on her condition but as per our discussion on forum -- i was suggested by learned memeber in begining that dont go for divorce on any condition till 498A is running, diovrce her on base of cruelty  on your condition..... so i was waiting for appeal period to get finished but she filed it within 60 days on 23 nov 60 will get complete.

i make applicaiton for perjury and defamation ready, now again question should i wait to finish appeal before filing perjury 340 and defamation or soom i filed here note is that in appeal for defence i have to appear on 15 dec she filed it on 6 nov and it get registered on 16 nov 16 till now i not received any notice to appear in appeal

sir now battle is ended but not finished... please do guide to taggle and defeat such fraud and cruel lady whom destiny puts in my fate...

Sachin (N.A)     20 November 2016

Dear 498A fighter,

 

As you say that " i just come to know that she had filed for appel but notice not reached to me the appearance date is 20 dec. she filed on 8 nov 16" 

It means her appeal is at the stage when judge is checking whether appeal has merit or not.

 

I think you should file the case of perjury. It will presurise her to widraw her case.

Adv Aneesh Trivedi 9424449500 (Advocate)     20 November 2016

@Sachin

sir wife living in khandwa , she filed the case in damoh she changes 18 advocates tillnow i am living in damoh daily going to court when she came and consult the lawyer that advocate is friend of my frnd advocate anyhow news come to me i check it on district website as it comes to display i catch it and came here for futhur action and experts suggestion immediately as i know this is the place where i get correct at least satisfactory gudiance...

i am not aware whether judge is checking the appeal or not is that procedure is there or not but next date for appearance of defendent is 15 dec 2016 so i guessed till 10 dec notice will come to me.........

now sure i will file the case of perjury but should i wait to get notice so that i will get more points to add in perjury applicatio or if any point will go agianst us we delete it from our application what this is small hotchpothc but confusing as we want 100% perfection not a single point should go against us so this much care i am taking............ i am heratily thankful to you for you concerning attitude....your points also boost me toward perfection and to fight agains false... and cruel acts from wife......

A walk alone (-)     20 November 2016

Brother don't worry truth always win. Let her appeal she will get nothing. It will be very difficult to prove allegations after acquittal by trial court. Court will dismissed her appeal soon. You have already waste 8 years on fighting, file divorce also. Once you get divorce move forward in life.This kind of lady should be jail. She has wasted her as well as your life.

Adv Aneesh Trivedi 9424449500 (Advocate)     21 November 2016

@A walk alone

agree with you but she wasted her own years as far as ourself is concerend i did not get time as busy i have gaol to win the false case moreover i learn lot in that period and many good friend like you and otheres on LCI come in my life many more good things happen just see the true colors of people, police etc

after winning image emerged as HERO.... while she turns into cruel b*tch.. and all adjectives which we here after lady file 498A and that prove false//

1 Like

Adv Aneesh Trivedi 9424449500 (Advocate)     21 November 2016

again i want to know for private appeal also it is must to take permsision on any othority or PP or any other such etc..please do guide thanking you

she filed under 374(4)  but this is the section of appeal against conviction the correct one is 378 appeal against aquittal on this regard can i get any benefit at first date only

or it will considered as typing mistake..

Adv Aneesh Trivedi 9424449500 (Advocate)     21 November 2016

i got some valuable information from LCI on following link:

https://www.lawyersclubindia.com/experts/Trail-court-acquitted-in-498a-case-187141.asp

Sachin (N.A)     21 November 2016

Hi....

 

Here are some info which may help you

 

For appeal u/s 378 CrPC

 

Subhash Chand vs. State (Delhi Administration), Criminal Appeal No. 50 of 2013, [Arising out of Special Leave Petition (Crl.) No.6937 of 2011], Decided on January 8th, 2013

 

 

The Hon’ble Supreme Court held:

 

 

“..we conclude that a complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court. He cannot file such appeal in the Sessions Court.” [Para 21]

Complete judgement:

 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=39905

 

 

But by amendment in section 372 crpc, it was provided that now appeal against acquittal can be made by victim to Session court.

 

 

So, she can file an appeal u/s 372

 

 

As per my knowledge she cannot appeal  u/s 374 CrPC because it is appeal by convicted persons.

 

 

Hope it helps :)

 

 


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