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Sandy (AST)     13 January 2015

Which crpc 239 or 482 is good to go in 498a,406,34 and 3/4

Police has submitted chalan copy to CJM court and they have  given half report of my wife in Chalan Copy.

 

Points: My wife given first Complain to Police after 40 days of leaving matrimonial house (She put 6 person name in that and Allegation only Demanding Car) and she has given second complain after 40 days of first complain (She removed 2 person name and put extra allegation like Maa Bahan ki gali and demanding 7 lack Rs after some days of marriage), means both complain has 40 - 40 days gape and through which Court and Police can easily understand the case is False But Police given only Second complain of which 80 Days of leaving matrimonial house 

(40 days after file first complain) and her statement, her parents statement and witness statement. Police not submitted Family Counseling sheet which happen in Mahila Police Station (Use : in that she told that she don't want to stay with me and I told I want to stay with her) but in FIR she said in family counseling I told her that I don't want to stay with her.

 

Question: 

 

1) How Can we submit below Document to CJM, So that before filling Charge Judge can go through the Fact and may be judge can not put Charge on me and my family ?

 

Her first complain,Counseling Sheet at Mahila Thana, my first complain given to police (on the same day when she left Matrimonial home) and my father first complain given on when they given 2nd warring and my father and my wife file the complain on same day (our complain is about they have given warrning).

 

2) Which one is good 239 CrPC and fight for Discharge the case before charge frame by CJM on 20.03.2015?

 

3) or can we go under 482 CrPC in High Court?

 

4) which one will be effective and sure shot method for closing my 498A,406,34 and 3/4 case in Court?



Learning

 4 Replies

Vish (NA)     13 January 2015

You can file a written application to Mahila thana to get the certified copies of all the complains and statements and there final report.

 

You can also file RTI to Police station with details related to your case like

On XX/MM/YYYY how many written complains were registered

and on XX/MM/YYYY (after 40 days) how many written complains were registered.

This way you can obtain all the required copies.

In both places they are bond to provide the information within 30 days of receiving application.

 

For your other query, without understanding of your case its difficult to suggest.

 

Regards,

Vish

Sandy (AST)     13 January 2015

Hi Vish,

I have the Copy of her all application but I want to provide those copies to CJM, so that while putting Charges CJM should understand the case is false. Police has not given all application in CJM.

Sandy (AST)     16 January 2015

Dear Team,

will you please help me to provide the Answers of my question?

BHUWAN RAJ 09839268489 (lawyer)     16 March 2015

Dear

482 petition is much better as it is filed in High Court concerned. Read Geeta Mehrotra judgement by searching it on google and Arnesh Kumar versus State of Bihar.

 

Regards

Bhuwan Raj, Adv

Cell: 09839268489


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