Cr.P.C 482
Somnath mukherjee
(Querist) 09 April 2009
This query is : Resolved
My wife filed a case u/s498a,313,506,34 I.P.C against me and my family in kalyan court u/s 156(3) on 22-2-2007 and case was subsiquently rejected by the Ld.C.J.M on the grund of jurisdiction.After some days my mother-in-law files another case u/s498a323,326,328,313,315,148,457,147,427504,506,120B I.P.C against me by colouring the same cause of action and upon the same court by supressing the previous one.Whether this case is tenable? Whether i can file quashing? Which one is better for me? Please suggest some relevent case laws.
N.K.Assumi
(Expert) 10 April 2009
Please refer to the case of Amar nath and Others Vs State of Haryana and Another as reported in AIR-1977-SC-2185.
Manish Singh
(Expert) 10 April 2009
if it has been decide that the said court has no jurisdiction hen how it shall acquire jurisdiction this time.
coming to Sec 482, it can be use by the HC only when there is a bona fide reason to believe that the cases filed are frivolous but in your cases it doesnt seem like that since the cases were rejected for want of jurisdiction not for want of cause of action.
MANISH
(Expert) 14 April 2009
Dear friend,
the best possible thing you can do is to go before the high court of your state and file a petition u/s 482 CrPC for the quashment of such complaint.
Further, you may file, before the subordinate court, an application u/s 340 CrPC read with various provisions of IPC for filing false case against him.
You may also file a divorce petition aganst your wife in the district court on this ground also, as such act also comes within the purview of "cruelty".
