Friday, September 20, 2013

IF wife files 498A , you can file following cases with help of 'good' police !! father inlaw runs for quash ; Sections 452, 323, 504, 506 I.P.C., used by son in law !!!



IF wife files 498A , you can file following cases with help of 'good' police !! father inlaw runs for quash 

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"........It has been contended by the learned counsel for the applicants that the opposite party no. 2 is the son-in-law of applicant no. 1. He submits that the daughter of applicant no. 1 was married to opposite party no. 2 and she has initiated proceeding under Section 498-A Cr.P.C. against her husband. He further submitted that the opposite party no. 2 had earlier lodged a malicious prosecution against the applicants for offence under Sections 452, 323, 504, 506 I.P.C., Police Station Konch, District Jalaun ......"

Allahabad HC says just order notice on husband !!! no immediate quash 


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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 Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo .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 / INDIAN KANOON WEB SITE 
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High Court of judicature at Allahabad,

Court No. - 51

Case :- APPLICATION U/S 482 No. - 27285 of 2013

Applicant :- Kalloo Kushwaha And 3 Ors.
Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Sanchita Srivastava
Counsel for Opposite Party :- Govt. Advocate

Hon'ble Ramesh Sinha,J.

Heard Smt. Sanchita Srivastava, learned counsel for the applicant and learned AGA for the State. 

The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the charge sheet No. 95 of 2012 and order dated 7.11.2012 in Case Crime No. 406 of 2012 in Criminal Case No. 655 of 2012, (State Vs. Kalloo Kushwaha and others), under Sections 452, 323, 504, 506 I.P.C., Police Station Konch, District Jalaun. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

It has been contended by the learned counsel for the applicants that the opposite party no. 2 is the son-in-law of applicant no. 1. He submits that the daughter of applicant no. 1 was married to opposite party no. 2 and she has initiated proceeding under Section 498-A Cr.P.C. against her husband. He further submitted that the opposite party no. 2 had earlier lodged a malicious prosecution against the applicants for offence under Sections 452, 323, 504, 506 I.P.C., Police Station Konch, District Jalaun which was challenged by the applicants before this Court by means of Criminal Misc. Application U/s 482 Cr.P.C. No. 5007 of 2013 and an interim order was passed on 12.2.2013. A copy of the same has been annexed as annexure-6 of the affidavit. It has further submitted by the learned counsel for the applicant that in order to further harass the applicants the opposite party no. 2 has initiated malicious prosecution against the applicants on the basis of present complaint. Notice on behalf of the opposite party no. 2 has been accepted by the learned AGA.  http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

Issue notice to opposite party no. 2 returnable within four weeks at the address given in the petition. Opp. Party no. 2 may file counter affidavit within four weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks. List immediately after expiry of the aforesaid period. The matter shall not be treated as tied up or part heard by this Bench. 

Until further order of this Court, the proceedings of the aforesaid criminal case against the applicants shall remain stayed. http://evinayak.tumblr.com/ ; http://vinayak.wordpress.com/

Order Date :- 2.9.2013

Manoj




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Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist