Thursday, August 15, 2013

Wife who had cough, cold and went to a private hospital files poisoning +498a case. Husband runs for AB. Gets aftr paying 25000 to wife's advocate at court !! pls note its a SECOND MARRIAGE for husband (probably both)



wife who had cough, cold and went to a private hospital files poisoning +498a case. Husband runs for AB. Gets aftr paying 25000 to wife's advocate at court !! pls note its a SECOND MARRIAGE for husband (probably both) 


Notes
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* AB before P & H HC
* Husband is seeking AB fearing arrest in 498a etc complaint by wife
* Second marriage for parties !! (at least one of them !!)
* Wife has complained of poisoning !!
* but there was NO medical check in any government hospital ...just in some private places for cough , cold , alergy etc !! "....She got examined herself at Ashirwad Hospital at Zirakpur, where she was treated for cold and cough. Thereafter, he was treated at Goel Clinic at Zirakpur, where she was diagnosed for allergy. ....."
* Husband asked to pay Rs 25000 to wife's advocate "....has handed over a demand draft of Rs.25,000/- to the learned counsel for the complainant"""""
* Husband granted AB


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CRM No.M 1493 of 2013 
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM No.M 1493 of 2013
Date of decision: 30.5.2013
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Sukhchain Singh...Petitioner
Versus
UT, Chandigarh ...Respondent
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CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN
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Present: Mr.Bijender Dhankar, Advocate for the petitioner
Mr.Sukant Gupta, Advocate for UT, Chandigarh assisted by ASI Gurdev Singh
Mr.BS Sewak, Advocate for the complainant
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Jitendra Chauhan, J. (Oral)

By filing the present petition under Section 438 of the Code of Criminal Procedure, the petitioner has sought pre-arrest bail in case FIR No.321 dated 24.11.2012, registered under Sections 406, 498-A of the Indian Penal Code at Police Station Industrial Area, UT,Chandigarh. 

Learned counsel for the petitioner contends that the marriage of the petitioner and the complainant was a simple affair being second marriage. The allegation of administering poisonous substance is false as no MLR of the complainant was carried out.


On the other hand, the learned State counsel informs that no MLR was carried out on the complainant. She got examined herself at Ashirwad Hospital at Zirakpur, where she was treated for cold and cough. Thereafter, he was treated at Goel Clinic at Zirakpur, where she was diagnosed for allergy

Heard.

Learned counsel for the petitioner in compliance with the order dated 22.4.2013, has handed over a demand draft of Rs.25,000/- to the learned counsel for the complainant. Keeping in view the above, without expressing any opinion on merits of the case, the present petition is allowed. In the event of arrest of the petitioner by the Arresting Officer, he shall be released on bail subject to the following conditions:-


1) that he shall make himself available for interrogation by a police officer as and when required;

2) that he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer and;

3) that he shall not leave India without the previous permission of the Court.

30.5.2013 

(JITENDRA CHAUHAN)

JUDGE

gsv 




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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF - Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
 
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CASE FROM JUDIS DOT NIC WEB SITE 
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