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AS   25 October 2014

Urgent help - 319 crpc in 498a ,406

Wife given complaint to police against accused A1,A2,A3,A4,A5,A6 , Police converted into FIR , Stating they found A2 to A6 innocent and charge-sheeted A1 only. 

Charges are framed only against A1 undersection 406/498A (though allegations of Bigamy and Adultery were present in Complaint but charges are not framed for Bigamy and Adultery )

Now case status is PE is going on and out of 14 witness , PW1 to PW4 witness chief and cross is completed. 

PW1 is miss 498A, Giving the almost same statement as in CRPC 161 again allegations on A2 to A6 , and filled an application under CRPC 319 to add A2 to A6 as accused and to summon them to face trail.

Court has asked my lawyer to file reply.

 

1. Please advise what should be contents of reply

2. Please advise me some supreme court judgement to crack her 319 application because there are no actual evidence for any thing. Its just her chief , where she tried to enlope A2 to A6.

3. If court can accept 319 application and summon A2 to A6 , just on the basis of Chief of A1.

4. If wife lied in court and A1 can proof the same , is it a right stage to file Perjury



Learning

 3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 October 2014

Dear,

 

Read this https://judis.nic.in/supremecourt/imgs1.aspx?filename=41145.... Its a landmark judgment on 319.

 

Adv Kapil Chandna

9899011450

Adv. Chandrasekhar (Advocate)     25 October 2014

Without going to the whole complaint and without going to S.161 statements of Prosecution witnesses and PW1 cross examination, how can we help you to say that A - 2 to A -6 have no role in the alleged offences and hence S.319 application is nontenable and liable to be dismissed with heavy costs?

AS   28 October 2014

Adv. Chandrasekhar - if you Permit , can i give you call to discuss the same.


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