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RK (Doctor)     06 December 2012

498a-writ

 

Dear sir

We filed writ petition on police on the gound that second IO did use extreme power and suppressed the investigation done by first IO . But court dismissed it by stating it cant quash the charge sheet but mentioned that police did mistake and the truth will come out on trial. Judge clearly asked my lawyer , why didn't go with criminal quash petition

Back ground... charge sheet filed on 498a  , charges yet to be framed in lower court.

Can we go writ appeal ?  What is the usual success rate of writ appeals?

Can we go for criminal quash petetion with different grounds other than the one associated with writ petition?

How about going with discharge petition ?

Thanks in advance for any inputs



Learning

 3 Replies

Munirathnam (Scientist)     06 December 2012

The prayer in the Writ Petition decides it's maintainability.

 

Normally no body files Writ Petition unless otherwise there is no provision of law available to the petitioner.

I would say that you can go to High Court with Petition U/s 482 of CrPC.

Dismissal of Writ Petition is not an issue to file petition U/s 482 of CrPC in High COurt, hence go.

 

 

gurcharan singh mahi (assistent)     06 December 2012

 

Respected sir

 

 

 

I got married on 27feb 2010.she left home of 17 July 2012.and complaint file after 15days.F I R are lodge in 14 sep2012 and we are arrested on 21 sep 2012.

 

My wife files a false case of 498a and 406 on me my father and mother, for this I spent 19days in JC and father Mother spent 8 days in J C.

 

Wife left the house in accompanies with her father bother and two unknown person In front our panchayt. They forcefully took my wife despite we doesn’t want to allow to do this. As they didn’t listen a single word of our panchayt.and panchyat faisla is wirrten that forcefully took the wife there not a issued of maltreat or beaten incidence to my wife.

 

I file a case section 9 HM before the FIR has lodge.

 

No counseling is done before filling of F I R, in Women Cell Ludhiana.

 

My wife written in her complain that she has given 20000/ and 1.25lakh for purchase of scooter and car it was true. For this we all family member contribute to purchase a said item. She transfers 1.25 lakh to my father account. having proof.

 

Rest in complaint was false and misleading.

 

My query was

 

1. We both are working in state bank and difference between our salaries is nominal, if she files maintenance case

 

2.I spent 19 day in JC then bank would suspend me  as I  m on leave during my JC.

 

3, in her complaint accept that her father spent 15 lakh in marriage, do I complaint to income Tax Department of this.

 

4: My Father in law was retied ETO, having 2 number income as this benefit in my case

 

5: This F I R was lodge due to Political Pressure. do I complaint to Human Right commission to make our case stronger

 

6: Recovery is Done Still my wife complaint that 10 tolas of gold are still to not recovered.

 

7: They are showing Estimate Bill Of gold .Is estimate bill was considered in Court???

 

8; I O in his report say they find nothing or my wife produce no evidence that show that we have demanded a dowry or anything else.

 

9: My Father retied from army Last year i.e. 30 June 2011 having president letter of good service and many commendation card do this help us fighting the case.

 

10: They are very rich family does they able to overtake the judge by money power.

 

11: Charges are not frame yet, do we go to High Court for Quash of case.

 

12: They were demanding Rs 15lakh to settle the case. That is impossible of us

 

13:My wife sent various email to me dt she Love me Lot me I to love her lots, do this help in fighting case

 

14:some one told me that ki ek baar to saja zorror ho gi ,is it really true, as we never demand or torture her for dowry. or anything else.

 

15:panchayt faisla is usefull for fighting the case??

 

So please guide me how to figth the case.

Munirathnam (Scientist)     07 December 2012

Make sure that what even money you and your father received is not dowry but its other purpose. Otherwise that may form the basis for dowry case


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