Moving to High Court in 498a
INDIAN LADY
(Querist) 30 March 2015
This query is : Resolved
Respected Experts...In 2012 I filed a 125 case against my husband by alaging against my in laws for beating and and demand of dowry. I was 6 months pregnent so could not file the criminal complaint in Police. My husband filed the HMA13 and later it dismissed with reason of DID. I gave the criminal complaint in Commissioner office in 2013 and we were called to commissioner office and enquiry was going on there. I gave the complaint against my husband ,his mother , his married sister and two his aunts who all are living in same mohalla. They were called to police station for enquiry but they were not coming...number of times we were given the time but in opposit nobody was coming there with plea that court cases are going on in the court. Finally one day my husband came alone with his advocate in the commissioner office and he refused to take me back and his statement get recorded...later we come to know that FIR is registered against my husband only and IO remarked that no guility is found against other accused. They have never join the enquiry and how they are found non - guility...my husband given the verbal statement and later we found that typed statement of all accused are there in the file ...go this I suspact that all this acts are done by other mean....now my witness is there in the court in this month and my advocate said that we will file the 319 request to includ other accused also in this state case... Now my query is if again this court not order to include other accused in this case....can I move to High court to do so ?? What are the chances at high court to add the names in FIR ??? Or what else I can do to get them punished for spoiling my life... have two male kids...one kept by my husband forcefully .....in second time I was pregnant and they kicked me out from home and he born at my parents house...we send them the message abt birth of second male child but they never turned up.....During my stay in my inlaws my parents gave huge amt on demand for which they have two bank enteries too....as payment was droped in his bank by cheque nad cash and payin slip is with us....seeking ur valuable advise in all this circumstances
SAINATH DEVALLA
(Expert) 30 March 2015
What was the statement given by UR husband in the commissioner's office,what were the reasons he cited for not taking U back? Well if you feel that the others are also involved in harassing U, they can be included in the court.
Devajyoti Barman
(Expert) 30 March 2015
You can file application u/s 156(3) crpc to include the name of other persons. if the police submits then you can ask for reinvestigation as well.
Rajendra K Goyal
(Expert) 30 March 2015
File application u/s 156(3) in the Magistrate court to include the names of others.
INDIAN LADY
(Querist) 30 March 2015
Sir...First my husband was making excuses that he is not well...his mother is not fine...so they did not attention the meetings of investigation...at last he came with his advocate and told that if me will come back to his home then he will commit suicide... His sister , aunts..mother never attend the investigation...in meeting he was trying to prove himself innocent....but I m the sufferer...who knows all of them very well .....my advocate is saying that we will file the application of 319 after my statement in court..u r advising for u/s156(3).....how much time it will take to make them accused in this case....and what is the difference in 319,and u/s 156(3)...one important thing in case if all this is not worked in present court...then can I move HC to include the names of rest of accused...pls advise
INDIAN LADY
(Querist) 30 March 2015
Sir...First my husband was making excuses that he is not well...his mother is not fine...so they did not attention the meetings of investigation...at last he came with his advocate and told that if me will come back to his home then he will commit suicide... His sister , aunts..mother never attend the investigation...in meeting he was trying to prove himself innocent....but I m the sufferer...who knows all of them very well .....my advocate is saying that we will file the application of 319 after my statement in court..u r advising for u/s156(3).....how much time it will take to make them accused in this case....and what is the difference in 319,and u/s 156(3)...one important thing in case if all this is not worked in present court...then can I move HC to include the names of rest of accused...pls advise
SAINATH DEVALLA
(Expert) 31 March 2015
Dont bother about time frame, it is not in our hands.File application as advised.
