Chargesheet quash
Simmi
(Querist) 07 May 2013
This query is : Resolved
one and half year back we went to HC for chargesheet quash in dowry case.
Chargesheet quashed on the ground of jurisdiction today for two married sisters and one unmarried brother. My unmarried brohter has shown his attence proof and being sisters are married got relief from court.
Now my brother and parents are accused in the case.
My question is after quash for 3 members of family by high court can girl's family again file dowry case on those 3 members.
Devajyoti Barman
(Expert) 07 May 2013
No, wife can not file any case on thew basis of same cause of action.
Simmi
(Querist) 07 May 2013
Means we three should not worry about any new dowry case.
Can we use our quash in lower court for parents and brother?
Nadeem Qureshi
(Expert) 07 May 2013
lower court is bound to obay of high court order
Simmi
(Querist) 07 May 2013
Is this possible after chargeSheet they can add new allegation?My uncle is trying for compromise with them and going to their colony to discuss. Can they add his name in chargesheet?
Raj Kumar Makkad
(Expert) 07 May 2013
When the matter has already been agitated before the high court, the possibility of addition of any new accused and new section are very bleak but nothing definite can be opined. If new additions are made, it shall definitely weaken their own case and is a better position for you and your parents.
Simmi
(Querist) 07 May 2013
My parents are government servent. Is this mandatory for them to attend all dates of lower court?
FIR was based on Car demand.My sister in law said the same thing in chargesheet.When we did not afraid by FIR their uncle added in their statments demand of 10 lakhs rupees and demand of 50 tola gold also. In FIR written CAR demand.
Nadeem Qureshi
(Expert) 08 May 2013
Dear Simmi
as per section 205. Magistrate may dispense with personal attendance of accused.
(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner herein before provided.
So when you parents or any accused are not able to
Simmi
(Querist) 08 May 2013
What happens when pleader missed the date?
What is the process of section 205?
Devajyoti Barman
(Expert) 09 May 2013
All the accused person need not be attending on each dates.
For regular exemption in attending the cases, you can file petition u/s 3205 crpc. Ask your advocate to do so.
