Pvt complaint case and sections
galsober@yahoo.co.in
(Querist) 27 May 2014
This query is : Resolved
I am fighting divorce case. Meanwhile wife forcibly entered my parents’ self purchased house for which they filed pvt complaint case in MM court. After initial hiccups, she was summoned U/S 442 IPC by magistrate. Then she jumped one court date & Magistrate issued bailable warrants. She submitted bail bonds & case proceeded.
Now, it is the main case by which I can put pressure on her, being a criminal case. Suggest me:
1) Is there any way to get her bail cancelled…..to put more pressure on her
2) In complaint case we prayed for nonbailable sections (454IPC) in our complaint, but at that time, after preliminary evidence from our side, MM applied 442 only, which is a bailable one………so favouring that ‘ablaa naari’.
Then occurred the PRE-CHARGE EVIDENCE stage, in which cross also happened, it is over now. What are options from our side? Can we press for higher sections (non-bailable ones) be included in it like 454IPC. If yes, what is the correct procedure from now on, what is the correct method to do it
Devajyoti Barman
(Expert) 27 May 2014
1. No
2.You can apply fro addition of charge. If MM refuses then you can go to higher court challenging this order.
Guest
(Expert) 27 May 2014
Well advised.
galsober@yahoo.co.in
(Querist) 27 May 2014
2 related questions, plz answer:
1) Presently pre-charge evidnce stage is over (it included court statements of complainants + one witness....their respective cross). What will be the exact timing to ask for addittion of charges?
2) Will it be a written application 2 do so, any particular section of CrPC applies? If yes, will this application be contested by opp lawyer?
Devajyoti Barman
(Expert) 27 May 2014
1. Is to be filed at the time of framing of charge. Such application will have to be supported by affidavit preferably in writing.
galsober@yahoo.co.in
(Querist) 27 May 2014
Means its right time for me now coz pre-charge evidence is over.
Does any relevent CrPC section also while complainant put request to add charges in such a complaint case?
Can one ask for 452 IPC even if it was not mentioned in original complaint? but applies well.
Devajyoti Barman
(Expert) 27 May 2014
your queries seem to be never ending.
Spare something for your own lawyer.
T. Kalaiselvan, Advocate
(Expert) 30 May 2014
