Dear Members,
Refer Cases 498a 323 504 506 DP 3/4
Can you please share certain decisions where SC has allowed the SLP of husbands when HC have referred the 498 case back to trail court (where wife resides) with directions -Interim Bail on Same Day.(Amravati & Kamlendra Pratap)
Usually what are the grounds taken in filing such SLPs so that SC admits them.
Case Background-Wife lodges complaint case directly to ACJM u/s 498a 323 504 506 and the Magistrate took cognizance (with no FIR/Chargesheet) and sent summons to accused, which never got served.Finally when NBWs were served , husband moved HC for quashing of proceedings stating that ACJM should have enquired as the offense cited was beyond his territorial jurisdiction (Sec 202) & that the NBWs were issued without waiting for the service report of BWs.
