Can my 340 crpc petition wii maintanable
sajid wahid khan
(Querist) 26 June 2012
This query is : Resolved
Dear all expert
I am law student also lci member
in Maharashtra
My query as under:
1)Wife willingly left home dtd 23.1.2011 not lodge fir and mentioned in Dv.application she had lodged fir.Wife Lodged fir dtd 19.2.2011 in PS but fir date mentioned 19.2.2010 on report copy.
2)Fir forwarded to women counseling for settlement and signed on settlement deed but she has not come back.
3)Wife sent notice by her lawyer dtd 14/3/2011 I received it 18/3/2011 and same day she field application with false allegation PWDVA 2005 u/sec 12. And mentioned in application she is badly needed money for maintain her child and herself on oath before the court.
4)JMFC passed interim order after filling my reply without her DIR report .On prima fecia Exhibit No 4 means affidavit filed by her .and court said husband is bound to maintain her wife.(dtd 1.8.2011)
5)Again wife lodged fir for recovering streedhan with false allegation and prepare the list of streedhan fabricated by her father and signed on the list her father with date . and submitted in court for seize/search warrant u/s 93 R/w 94 crpc .but court not issue search warrant .
6)Dtd 10.3.2011 wife came with 8 to 10 person at 9.30 pm at the time of I was sleep in my house
They started beaten me and robbed in my house of rs 50000/- mobile and gold then I have filed a complaint in ps .sho taken action u/s 107,323.504.506 ipc but I have receive NC copy and filed
A private complaint u/s 324,447 379.504.506 .34 ipc now case in pending in court.
7)Again she lodge fir 498a with dp 3/4 at her parental home ps ,police arrest me same day same time I got bail instant by court ,(dtd 1-4-2011)
After one year the court frame the charge on me and proceeding. my lawyer is very intelligent and senior and respectful person in this city but now his aged about 56 running unfortunately
he is ill but my lawyer got cross examination in 498a in PW 1 ,2. ,3 very well.wife told the court
she is doing a job and education on oath chief in examination by PP .then I got certified copy of her Oath statement and given simple application to the court to take cognizance against wife and her Documents submitted in court(Pwdv case).and same day lodge fir in DYSP against DP 3 through Regd Post. Now Can I field 340 crpc R/w 195 ipc separate Petition same court or other court can take Cognizance CJM or field petition separate private petition Session court. Please suggest me your great experience in my case .Because my lawyer is on bed ,and I cant go other lawyer can I fight my case as petition in person . so pl.Farward me format of 340 crpc to field petition in court. Whose jurisdiction this petition CJM or district session court.
Imp – I have field RCR against her PWDVA but she not put W/s in court.
Pl……………… its urgent
Thanks
Regards S.W.Khan Email.- sajidwkhan@rediffmail.com / Danish__khan 858 @yahoo.com
Tajobsindia
(Expert) 20 September 2012
Since the queriest is not interested in pursuing the query after placing it here from last 2 months, hence closing this query by hitting Resolved drop down.
Guest
(Expert) 20 September 2012
Dear Tajobsindia,
I wonder, when nobody tried to solve the problem of the querist, instead of providing any solution, how you have assumed the query to have been solved when the querist has not declared so? Not only that, you have declared on behalf of several other querists that their queries have been solved without any solution on those queries.
