498a fir lodged twice

Please note that CRPC cannot over rule the Constitutional Provisions. .2. IN ACCORDANCE WITH LAW: The appelant should have sought directions from the court as to what IN ACCORDANCE WITH LAW MEANS; PROCEDURE ESTABLISHED BY LAW OR THE DUE PROCESS OF LAW first introduced in Magna Carta in 1215.  The right to remain silent is inbulit in Article 21 which allows the accused the Liberty to remain silent and which aricle 21 is governed by the DUE PROCESS OF LAW[H.L.A HART].

Yes as well as No.

The then active feminist organizations in India sent a open letter to CJI asking the matter (Nandani's) be re-heard by a Full Bench as they had done it earlier in cases relating to the 'right of property' because Nandani's case had raised important issues relating to Human Rights of Women under the Law and Constitution.

It seems as if things have not changed ever since as illustration in1952 when Lotika Sarkar had returned from Cambridge and joined Law Faculty. The then Dean would not allow her to teach Criminal Law because it would mean discussing the law of rape with a mixed class of men and women !

What to expect when in 1988 a magazine called India 2000 carried an article by Salman Khurshid (then an advocate practising in the Supreme Court of India, now Law Minster of India !) criticizing the reforms. He called the open letter 'preposterous' and went on to state that the letter had sparked off 'an extremely distasteful public agitation'.

As an illustration I shall give you one more insight this emphasis on individual liberty has created a false dichotomy between women's rights and tribal people right's vis Indian context. Liberal faminists (that we have in LCI and donot want to explicitly name them now) have been attacking customary law among tribal peoples in the North east on the ground that it is patriarchal. It does not treat men and women equally. They, by implication, look upon the customary law as "traditional" and compare it to the "modern" legislation. At a purely superficial level this stand is absolutely correct ffrom the tribal women's point of view. And it is also true that some of the tribal women facing anti-women customs which deprive them of their basic rights have also joined in the demand that the customary law must go (again donot want to name one ld. adv. here in LCI from that region).

Thus we see that the same women's group (including some feminists) are asking for a Uniform Civil Code in the North East even though they have stopped demanding this for the rest of India ever since the slogan was taken over by the Hindu communal forces. They now see that their dream of a Uniform Civil Code can be imposed on the peoples of the North east in the name of upholding women's right.

 
So talk of pervading politics in various Judgment of the Bench the less said here the better.

It was nice discussing with you on few legal laccunas we may have in our judicial delivery system however we are overcomign them with prudent awareness.

Well I end this secondary discussion taking us away from core issue of the author and pay way for others to respond to main issues of the author in hand as he is a victim of STATE.

End Note: Uniform Civil Code is not possible in India.

2. Hinduism is not a religion but a way of life[ Sarvepalli Radhakrishnan and CJI Gandragarkar].So communalism is all crap stuff created by vote bank politicians.

Tribals and other communities in USA have their own TV channels,Own Schools,own laws and no one intereferes.

 

3.I was reading the Imperial Gazetteeer of India[British Version]. I was surprised to know that Rajputs are Shudra Kshatriyas. Why don't they clamour for SC status?

4.Salman Khurshid; Less said than the better.

Thanks for enlightening me on the Nandini case. It was a pleasure discussing you even though not face to face.

Dear Ashu, It is not clear from your query whether two FIR is lodged with same allegations during same period under same sections in a act or different act. If it is lodged with same section and act then you should go for quashing and the second FIR will be quashed.

For a case on secopnd FIR please refer to the Supreme Court Case: Damodaran P. and Others Vs State of Kerela: 2001-(004) SCALE-0348-SC, the Judgment was delivered by S.n.Phukan J, and S.S.Mohammed Quadri J. Under the scheme of the Code there can not b second FIR

N.K.Assumi is correct.

can 498a cases lodged on husband ones and after mediation withdrawn and again filled second time in same police station on husband and mother-in-law(senior citizen) to give torture to senior women citizen