Regarding section 3/4 of d.p.a.
manoj
(Querist) 05 October 2012
This query is : Resolved
Dear experts,
A case has been filed against my family under section 500 IPC & ¾ of D.P.A. on the complaint of the girl’s family. They have made allegations that they have given xxx, yyyy things & 2 lakhs, 1.5 lakhs etc . money during engagement and on the day before marriage, we hv threatened them & refuse to marry if they will not give a car.
Marriage has never taken. The case is under lower court. Our lawyer has appealed under section 239 D.P.A. quoting section 199 & dowry act section 10 and case is fabricated & false liable to be quashed. After 4 years, the ADJ court has withdrawn section 500 IPC & directed the CJM court again to analyse the case under section ¾. Now case is going on we only get new date each time. In these four years they hv not attended any hearing, only government advocate is present every time. One year has been again passed they doesn’t come for witness/ to give evidence. Legal notices has been sent to them , they have never responded.
In such circumstances, can you advice how do we move forward to get rid of these fabricated allegations asap. How long legal process will wait in such case? Can we pressurize court to take decision in our favour in the absence of their response.
regards,
Nadeem Qureshi
(Expert) 06 October 2012
Dear manoj
First of all I want to know that this is complaint case or police report case?
Secondly if this is a complaint case you should filed an application u/s 256 of Cr.PC
256. Non-appearance or death of complainant.
(1) If the summons has been issued on complaint and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall notwithstanding anything hereinbefore contained, acquit the accused unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death.
Feel free to Call
manoj
(Querist) 09 October 2012
It is a police report case sir. he has to come to give evidences for allegation.
