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amrik.mehra (officer)     02 June 2010

False 498A/406 case

I got married in the year 2003. In the month of Feb'2009 my wife left my house and went to her parents house and lodged a false complaint with Amritsar police under section 498A/406. The police investigated the mattare and gave a clean chit to me. my parents, my sister and my brother. Copy of the same is also available with us.

After that my wife approached to lower court with a complaint under section 498A & 406 against me, my parents, my sister and my brother. The court summoned me only and I appeard in the court and court granted me bail.

Again after one month she moved another application to session court with a plea to issue summons to my father, my mother, sister and brother which is pending in the court.

Again six months she moved a application to the police commissioner to reinvestigate the matter. After 1 and half year police has lodged a FIR against me only and gave clean chit to my parents, my sister and my brother.

I appeared in the high court and court granted me AB. Please advaice me my future course of action. My parents are too old and they can not walk properly.

 

 

 



Learning

 5 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     02 June 2010

Dear Author,

There r some questions to ask from u, after that I'll suggest u what to do. U can call me at 9871158578 

mukesh (Executive)     05 June 2010

Hi

check yahoo group

4989avictimharyanasiff

 

and go to file section and read wt is 498a/406 and hw to fight

 

A SIFF member

ASIT KR ROY (Advocate )     10 June 2010

Sir, If your case is strong on marit, file Petition for QUASHING OF FIR and Charge Sheet before High Court. Let the charge Sheet be filed. Asit Kumar Roy www.legumconsultant.com 0-9871939596

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     10 June 2010

Please read the Judgment by the Honble SC in criminal appeal no 1366 of 2008 decided on 29th Aug 2008 wherin the Honbel Supreme court has directed that once the process is issued it can not be quashed even by High court. You have to fight in lower court and demolish the evidence of the complainant.

Yes you can move the lower court only after submission of evidence by the complainant for stopping the proceddings and discharge of accused but only after the evidence not before.

ASIT KR ROY (Advocate )     14 June 2010

Sorry Mr. We for you,

Please give the said judgment.

Secondly, everyday 498A/406 cases are being quashed in Delhi High Court.

Thanks

Asit


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