Need advise (grateful if substantiated by some SC/HC Judgements)
Few months of co-habitation with husband, wife desserts husband and goes back to reside with her father in different state/distt. Few months later she writes a 498a complaint against husband & accused & sends it through registry to Senior Police Official in her city. She waits for few months & then files the complaint in ACJM Court that there has been no action taken against by Police & so she wants ACJM to bring Justice to her. ACJM summons the accused basis the complaint made (verbal & written).
Shouldn't the Police register cognizable offense?
Can the said complaint registry of wife to Police be sought through RTI including action taken report?
Shouldn't ACJM ask for police report?
Are there any Judgements where SC/HC have quashed the criminal proceedings (partly/totally) based on non-application of mind by Magistrate?
