Charge sheet filed - complainant abusing procees of law
Vijay
(Querist) 06 May 2014
This query is : Resolved
Hi Everybody,
I am in a deep dilemma and need your help this moment.
1.) I am accused in 498A,406 filed by my wife.
2.) Charge Sheet filed by police issues yet to be framed.
3.) I am on regular bail which is pinching my wife.
4.) She & her Counsel lately filed an false & frivolous application before the Court alleging that I am harassing her by misusing her cheque book and that my bail should be cancelled.
5.) Court summons issued to me.
A.) Now that once a Charge Sheet has been filed by the Police before a competent Court it becomes a case of the State. In such circumstances can the complainant and her counsel directly moves an application before the Court?
B.) In a State case do the complainant and her counsel have any locus-Sandi to represent in the Court to harass the accused?
C.) Is it not an abuse of process of law that the complainant & her Counsel is interfering in a case of the State?
D.) Under what provisions or Sections of law can I tackle this grave situation.
E.) Any advice from your end on this matter.
Thanking You,
Vijay
Devajyoti Barman
(Expert) 06 May 2014
Once bail is granted it is not going to e cancelled and that too on such frivolous charges.
If an new case is started then appear in the case , take bail and then fight this out on merit.
Nadeem Qureshi
(Expert) 06 May 2014
no need to worry, contact a lawyer personally or over the phone it will be better for best advise
Rajendra K Goyal
(Expert) 06 May 2014
This is normal in litigation, always try to harass the opponent.
Face bravely, consult your lawyer, not a grave step from them.
Biswanath Roy
(Expert) 06 May 2014
Your query has some ambiguity. If any body misuse a cheque book to create a document as a genuine one then the offense comes under the purview of seC.471 IPC . How such an offense can be clubbed with the matter u/s.498A and 406IPC? You are to disclose the actual complaint filed by the wife for proper opinion and reply to your subject query.
Dr J C Vashista
(Expert) 07 May 2014
1. Contest the case tooth and nail, nothing will go wrong i.e., against you.
2. Correctly opined by Sh. Rajendra K Goyal this is normal, nothing to worry, accelarate mental pressure (one or the other way)on her.
You are required to reply the question raised by senior expert Sh. Biswanath Roy, which are very relevant to render proper advise.
Why donot you discuss these issues with your counsel?
Arvind Singh Chauhan
(Expert) 07 May 2014
Using of cheque is not a proper ground for bail cancellation, as it can be used only by account holder unless there are signed cheques. Complaint's councel may plead in state case but with the consent of public prosecutor.
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
This is nothing but a pressure tactics adopted by your wife to harass you through all possible methods, generally such applications are not being entertained by court but in case of one, you may contest it accordingly. Her reasons for cancellation of bail are irrelevant to the given fact of the impending case under which you have been enlarged on bail, so do not worry about it, consult your lawyer for further issues.
