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Ravi Kishore (Teacher)     02 January 2013

Double jeopardy

Dear Sir,

My wife has filled a false 498a and Domestic violence case against me & my family in Bangalore and few days later another Domestic violence case through free legal services/aid apslsa in Hyderebad. Me & my family live in Hyderbad. We have been attending these cases for the past 1 year in different states for the same alleged crime.

1) Can I file a discharge petition in session/district court in Bangalore to dismiss the case of Domestic violence on grounds of Double jeopardy because she has already filed in Hyderabad first which is the correct jurisdiction.? 

2) Secondly, can I file a discharge petition on grounds of jurisdiction for 498a in session/district court in Bangalore that no part of alleged crime occured there also sighting reasons that she has already file DV in hyderabad. 

 

Thank you very much in advance.



Learning

 4 Replies

Rashid Ali (own practice as a criminal lawyer)     02 January 2013

if you have solid evidences than move to high court for quashing u/s 482 crpc

Ravi Kishore (Teacher)     03 January 2013

Dear sir

l read in the forum that Hon'ble judge in High court would not be interested in looking at the evidence no matter how good the evidence is for quashing 498a. Can DV be quashed atleast in High court ? Should I Go to session court for both cases.?

Thank you

Ravi

Ravi Kishore (Teacher)     11 January 2013

Dear sir,

Any further direction is highly appreciated.

regards
Ravi

Rashid Ali (own practice as a criminal lawyer)     12 January 2013

you should move to high court.


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