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housing   02 September 2018

Defence against 216 in crpc

A lady filled a complaint against her husband in 2013 to police and police filled charge sheet in 2015 under 498A and 406. since then only main evidence of lady has been done and the lady is trying to delay the proceedings . they did not produce the other evidenced of her brother and mother on one pretext or other for more than one year. then she moved an application through her counsel to add charge of 420 under 216 CrPC. this application was not signed by PP. almost 18 hearings have taken place but the judge has not decided the matter. Now the case stand transferred to another judge in the same court premises and the new judge is openly favouring the girl. on first hearing she stated that this charge can be added , when our counsel objected then she openly said that girl has told that this boy is a cheat and needs punishment. it is also to inform that same judge gave judgements against boy on verbal statement of girl in 125 and DV act cases where no evidence was produced by girl. The judge did not go into evidences produced by boy. please suggest any remedy to protect the boy from double cruelity.


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 1 Replies

Adv Deepak Joshi +917017821512 (Advocate)     02 September 2018

Dear querist,

Anything can be said after knowing complete martial facts of case.

There is no straight forward defence  for section 216 Crpc every think depend upon merit of case.

 

Judge cannot pass order on oral statement in DV or Section 125 Crpc. You can challenge same to superior court.

 

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600


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