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I love my parents (law)     09 November 2012

'revision' lies at session court u/s.397 : urgent pls

Dear All,

              I ahve 498a/406/506 case against me and my mother.Case stage is - girl given the bayan and cross  will be on next coming date.

Now i am intrested to file -- 'Revision'  at Session Court u/s.397.As per study if i will file 397 and accepted.then ""main 498A case is stopped till 'Discharge Application' is not disposed off"".But my lawyer told me that no there is no stop on your 498A.Kindly advise me accordingly pls on urgent basis.

NOTE : FOR MORE INFORMATION - PLS CHECK ATTACH DOC.

Thanks in advance.Waiting for positive response.

Thanks,



Learning

 12 Replies

adv. rajeev ( rajoo ) (practicing advocate)     09 November 2012


On what ground you want to go for revision ? Trial already started.  IT is better to proceed in the case.

Rashid Ali (own practice as a criminal lawyer)     09 November 2012

for what objective you want to file revision. once the trial is started .revision does not lie for dishcharge .you could have filled dishcharge application before charges were framed, not now.

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     09 November 2012

U R SCARED. NO WORRY GO FOR TRAIL WITH GOOD DEFENCE.

I love my parents (law)     09 November 2012

Thanks for your suggestion.Main thing is i am intrested to file this :-- becoz i want to waste time in hight cout.My self not intrested to face trial.Becoz trial court is very distance from me and high court of that state is very near to me and very far distance from my 498A girl.

My query are :-

1. At this stage can i file this 397 ?

2..I know due to time limit problem,it will be rejected in distt court.But what are the chances to accept in High Court Chandigarh

#.Ground to go there is -- "

IN CASE OF ANY COGNIZABLE OFFENCE, IT IS MANDATORY FOR POLICE TO REGISTER THE COMPLAINT.IF THE CRIME DIDNOT OCCUR IN THE JURISDICTION OF THAT POLICE STATION, THEN THE CASE HAS TO BE TRANSFERRED TO COMPETENT JURISDICTION".

I think my case must be transferred to AA,because whetever crime etc happen (as per FIR) at AAl.Why it has not transfered." ??????

3. . True of false "main 498A case is stopped till 'Discharge Application' is not disposed off"".Justify pls requested ..

Waiting for your positive response. Pls.

Thanks,

JANAK RAJ VATSA (ADVOCATE)     11 November 2012

having read your brief and the document attached, it is advisable to go to trial

Munirathnam (Scientist)     13 November 2012

If discharge is applicable to yuor case, then trail will not take much time.... better to go for trail to complete the things ASAP.

 

You can ask court to give permission for no physical appearence for your parents and others.... if lower court do not agree for this then go to High Court for the same using petition U/s 482 of CrPC.

 

Ashimta Lekhi Malhotra (Independent Lawyer)     13 November 2012

Properly advised by Mr.Davessar.

I love my parents (law)     15 November 2012

Thanks for all Sir,

1.Case stage is : Charged framed on 19.04.12 and girl given the bayan.On next date cross is to be done.

I want to send my FIR copy to you.If you are really intrested to guide me about discharge.Kindly send you mail id pls.

Main thing if i will file discharge application ,till then there is stop on 498 or not .Pls

Waiting for your positive response.

Regards,

 

I love my parents (law)     15 November 2012

In what condition  - my mother will get releif from physical appearance.age 60 years as per voter ID card.

Already patient of sugar.

 

Thanks,

I love my parents (law)     15 November 2012

Dear Ashish Davessar sir,

                                                Thanks for kind guidance.Main things are given below :-

1.Charged framed on 19.04.12.Girl given her bayan on last date and on next date cross - will be pending.

2 .In and any case - if i will file this discharge application.Then "main 498A case is stopped till 'Discharge Application' is not disposed off".Is this true or false ?

3.In what condition my mother (60 Years) will get releif from physical appearance in court ?

waiting for your positive response Pls.

Thanks,

 



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