False 498a, 323, 506, 34
Adv Vikramsinh Mohite
(Querist) 09 January 2013
This query is : Resolved
Hon'ble Experts,
We have been implicated in false 498A, 323, 506 cri case by my wife. They have created fake jurisdiction at her place by showing we went there and beat her. The case if filed in 2010. The charge sheet is submitted in July 2010. Summons has been served to her. What is the remedy for us in this situation? What can we do punish them for filing false case?
Devajyoti Barman
(Expert) 09 January 2013
If you have prima facie proof of jurisdictional error then it is a good case for quashing.
Go for it.
Raj Kumar Makkad
(Expert) 09 January 2013
You have been charged during the year 2010 and are raising the remedy during 2013 so every one can notice your prompt action. You have no other option but to defend the case on merits and get it dismissed on all available grounds including the jurisdiction and then file suit for malicious prosecution.
ajay sethi
(Expert) 09 January 2013
fight case on merits
Adv Vikramsinh Mohite
(Querist) 13 January 2013
Thank you experts. I agree for delay on my part. But now they are delaying the case. Summons are served on wife. Still she is not coming to court. Kindly advise what action should I take now.
Kiran Kumar
(Expert) 13 January 2013
you may be discharged or acquitted in the matter by the court.
in case there is an unnecessary delay due to absence of witnesses then you may approach HC for issuance of directions for expediting the trial.
Raj Kumar Makkad
(Expert) 14 January 2013
Ensure the summon to your wife by hand and then expedite the proceeding through your lawyer.
