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kumar anubhav (JM)     09 July 2016

Can two 498a and 3/4 dp act case can run in two different ci

My wife has filed one 498A, 3/4 DP act case at Ranchi through FIR. and on same fact adding an extra story she filed a complaint case at Aurangabad. she has submitted an affidavit accepting that one case is pending in ranchi. but lower court has taken congnizace and issued a notice. what to do now??????



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 10 Replies

Pawan S (Advocate)     09 July 2016

There has been several instances reported where girls’ side has lodged more than one 498a cases but in different jurisdictions. You have to approach the higher court to quash such cases stating that the sole intention of wife is to harass by filing multiple 498a cases.

Sudhir Kumar, Advocate (Advocate)     09 July 2016

as long as the facts narrated in both cases are same then case will run only at one place.

kumar anubhav (JM)     09 July 2016

An extra concocted story is added that all accused were called for mediation. After mediation they come my home. Demanded dowry abused me. But in order sheet of CONGNIGENCE this incidence is not considered by SDJM COURT. He has taken CONGNIGENCE on same fact and ground and date mentioned in previous FIR

kumar anubhav (JM)     09 July 2016

An extra concocted story is added that all accused were called for mediation. After mediation they come my home. Demanded dowry abused me. But in order sheet of CONGNIGENCE this incidence is not considered by SDJM COURT. He has taken CONGNIGENCE on same fact and ground and date mentioned in previous FIR

kumar anubhav (JM)     09 July 2016

An extra concocted story is added that all accused were called for mediation. After mediation they come my home. Demanded dowry abused me. But in order sheet of CONGNIGENCE this incidence is not considered by SDJM COURT. He has taken CONGNIGENCE on same fact and ground and date mentioned in previous FIR

Bhaskar Pandey (ADVOCATE)     09 July 2016

AN AGRIEVED PERSON CAN FILE SUIT U/S 498A IPC & 3/4 DP ACT IN HIS RESIDETIAL JURISDICTION AND OCCURANCE PLACE ALSO. BUT YOU SHOULD APPROCH CONCERNING HIGH COURT FOR TAGGING ONE PLACE.

kumar anubhav (JM)     09 July 2016

It's a matter of two High Court

kumar anubhav (JM)     09 July 2016

Can I go for quashing of new one. Both are on same fact. Two trials for same offence at two places is it possible. If yes then I have to move for About in new case also.

kumar anubhav (JM)     09 July 2016

Not about its Anticipatory Bail

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     18 September 2016

Qash quash and quash ADVICE  is being given as routine  it will not work.

DV and 498 A have separate cause of action and hence cases can be filed.You have to defend them with expert advice otherwise provisions of DV act have far reaching effects.

 

You do some hard work and seen you can also file some cases against them.


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