Protest and court proceeding in final report
jagjit
(Querist) 03 October 2014
This query is : Resolved
SIR,
MY WIFE HAS FILED FIR AGAINST ME U/S 323,504,506 IPC IN WHICH POLICE HAS FILED THE FINAL REPORT.
NOW COURT IS SUMMONING MY WIFE BUT SHE IS DELIBRATLY NOT APPEARING AND WRITING LATTRES TO COURT THAT SHE IS NOT ABLE TO COME AND FINAL REPORT MAY BE CANCEDED. I WANT TO KNOW THAT;
1. WHAT WILL IF SHE DOES NOT APPEAR.
2. WHAT IS SHE APPEAR AND SHOW HER PROTEST THEN CAN THE MAGISTRATE CAS SUMMON ME.
3. CAM MAGISTRATE CAN ORDER FOR RE INVESTIGATION.
RECENLTY I HAVE SEEN ONE CITATION IN WHICH MAGISTRATE SUMMON THE ACCUSED AFTER PROTEST AND LATER ACCUSED FILED THE 482 APPLIATION AND ORDER WERE QUASHED IN:-APPLICATION U/S 482 No. - 5023 of 2010 OF ALLAHABAD HIGH COURT AT ALLAHABAD BENCH.
KINDLY GUID ME.
P. Venu
(Expert) 04 October 2014
You can request the Court to dispense with her evidence and proceed further.
Raj Kumar Makkad
(Expert) 08 October 2014
1. If she do not appear despite of her bailable and non-bailable warrants, the court my close the evidence on the part of the prosecution and accordingly the case may be decided.
2. You are already summonned and are required to attend every hearing.
3. on whose application and why?
Advocate. Arunagiri
(Expert) 08 October 2014
It seems that your wife is the defacto complainant in the police case against you.
You have no role at this stage. If the police had filed the final report only (not the charge sheet), it upto your wife to file a protest petition or not. You need not worry at this stage.
