498a
Mustafa Bhat
(Querist) 18 March 2014
This query is : Resolved
Fir lodged by a lady in April 2012 for 498A, in same month she lodged a case for maintenances, in maintenance case the statement of lady was recorded in Jan 2013, were in she said i left my in laws house 2 year before her statement of maintenances (by which counsel of accused means the lady left house of her inlaws in jan2011), As the Case for 498A is for argument whether charge can be framed or not? Can this statement of lady help the accused for not framing the charge? As the counsel for accused is pledging the same for discharge.
Plz advise.
I am Complainant
Nadeem Qureshi
(Expert) 18 March 2014
Dear Querist
the complaint is file within limitation and on this ground the accused can not be discharged.
the statement of lady is not useful for accused, it is useful only for DV Case if pending before court.
V R SHROFF
(Expert) 18 March 2014
Two separate proceedings..
Even DV is quasi civil; so how it is used??
Mustafa Bhat
(Querist) 18 March 2014
Respected Nadeem /Shroff Sir,
The counsel for accused is saying that the complaint has limitation period of six month, he has cited some supreme court judgement in this regards also.
He is pleding same viz viz the statement in Crpc 488/125 of the lady.
Devajyoti Barman
(Expert) 18 March 2014
There is no such citation. Case is maintainable.
You have previously raised the same query.
