Joint trial of cross cases
Rahul
(Querist) 27 November 2016
This query is : Resolved
My wife has filed case u/s 498a and for the same incident I have filed complaint case u/s 323,379 etc when my Sanha was not converted in FIR.
Are these cases cross cases and can these be tried together? If so, under what section petition should be moved and to whom?
adv.bharat @ PUNE
(Expert) 27 November 2016
Rahul try to resolve matter by amicable settlement.
Rajendra K Goyal
(Expert) 27 November 2016
What is meant by " when my Sanha was not converted in FIR"
Please state clear material facts.
What is the opinion of your lawyer.
Rahul
(Querist) 27 November 2016
My in laws with my wife beat me. I registered complaint with police and I was sent for medical but meanwhile my wife also made complain for 498a. Police took no action on my complaint.
Rajendra K Goyal
(Expert) 27 November 2016
Discuss with your lawyer and file direct complaint with the Magistrate, if police is not lodging FIR.
Rahul
(Querist) 27 November 2016
Sir, i have already filed complaint case. FIR case by my wife and my complaint case both are ready for trial. i read somewhere that case and counter case should be tried together. i want to know under what section and with whom petition for joint trial can be filed.
Rajendra K Goyal
(Expert) 28 November 2016
At what stage the cases are? Whether charge sheet has been filed?
sukanya (Joyce)
(Expert) 28 November 2016
mr. Rahul counter complaints will be tried in court seperatly, your complaint will be tried and your wifes complaint will also be tried. but court considers the facts n circumstances of cases which signifys relevant to each of the cases, cases crime number are different as it hold complaint of different FIRs , while during trail your Lawyer will cross examine the wittnesses who are against u, whereas your wifes lawyer viseversa.
Rahul, u said allready trail is going on, and u are saying police have not taken any action for ur complaint. so its bit vauge to understand.
well, Rahul u need not worry under what section complaint gets clubed. FIR filed by police is a state complaint and its police duty to produce the complaints to court.
is your complaint state one or private one, let us know.ok
Rajendra K Goyal
(Expert) 29 November 2016
Author need to provide required information.
Rahul
(Querist) 30 November 2016
@goyal Sir, Charge framing is awaited in both the cases.
Rahul
(Querist) 30 November 2016
@goyal sir, Charge framing is awaited in both the cases.
S.B.adil rahman
(Expert) 06 December 2016
Police have not registered your F.I.R? You filed the complaint in court and Magistrate entertained it and took cognisance? Your wife's case was recorded as F.I.R case at the police station and yours not? Is it your case? Now when the court has taken cognisance of your complaint, it is sufficient. If you want that the case and counter(cross) case should run in the same court and on the same date, please request your lawyer to make a petition before the Chief Judicial Magistrate or the controlling Magistrate of the court stating the entire facts and for passing orders for trial of both the cases by same Magistrate. Normally in the interest of justice such orders are passed and there are several rulings of Apex Court on such issues. If rejected by lower court, you can prefer an Appeal before the upper court.
Rajendra K Goyal
(Expert) 06 December 2016
May proceed as advised by the expert.
Rahul
(Querist) 13 December 2016
Thanks S B Adil Rahman Sir. I wanted to know under what section petition can be filed before CJM.
Rajendra K Goyal
(Expert) 13 December 2016
Leave the section to decide for your lawyer.
