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Gagandeep Mand (Manager)     27 December 2013

Charges u/s ipc 498-a and legal bar in crpc 198a

Dear All

Case facts are as follows:

(1) Wife register FIR u/s 498-A/406/323/506 (Police case)
(2) After investigation Police dropped 498-A/406 and files Challan/Report u/s 323/506 before Judicial Magistrate
(3) Magistrate take cognizance and frame charges u/s 498-A/406/323/506

My query/question:-

As police report dropped 498-A/406 and in the presence of legal bar mentioned in CrPC 198A, Is the charge framed by Judicial Magistrate u/s 498-A is legal ?



Learning

 4 Replies

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     08 April 2014

If within limitation go for revision against issue of process.

sayan ray (Lawyer)     03 May 2014

file revision at High Court U/s. 482 Cr.P.C.

adv.raghavan (Advocate,9444674980)     05 May 2014

If there is any direct petition from the aggrieved person or her blood relative, the court can take cognizance of the same inspite of police dropping charges.

legal problems (PROPER SOLUTION EFFORTS FOR COMPLEX PROBLEMS. youract@gmail.com)     05 May 2014

Raise legal issues which will be many and request the court to pass order.

 

Exhaust the opponent by proper counter actions.


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