IPC 323 by Husband after I filed 498A
5 years ago
2 years back, I filed 498 & Domestic Violence on my husband. In return, now my husband has filed a private complaint in court under section IPC 323, 504,506, 34 on me, my father & Brother. Surprisingly, the court has also process issued against us and sent summon to all three of us. Now we have to apply for Bail on 1st hearing.
My question is :
1. At this initial stage, can we challenge this in higher court like Session court for revision or can appeal in High court to dismiss this? This false case is just to pressurize me to take back 498 & DV case from my husband.
2. Is Issue processed is also an order, which can be challenged in Session court or do we still have to wait for some order to be passed by the lower court to challenge that in above courts?
3. Can we challenge it directly in High Court or first have to go to Session court first, as this is a private complaint.
4. My husband has already filed 3 cases on my retired father to pressurize for settlement and now me & my brother. Please help !
ARPIT BATRA
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
Anonymous
Replied 5 years ago
But its a private complaint filed. Can we still go directly to High court or have to go to session first.
Rajender Prasad
Responded 5 years ago
Vishwabandhu
Responded 5 years ago
आप यह बताये की आप का केस कान्हा चल रहा है ? यदि यह केस मध्य प्रदेश मे है तो जबलपुर हाई कोर्ट मे आप क्रिमिनल रीवीजन या क्रिमिनल प्रोसीजर की धारा ४८२ की याचिका लगा सकती है
If you are innocent you can straight to the High Court and file under 482 Cr.P.C.
Shanti Ranjan Behera
Advocate
Anonymous
Replied 5 years ago
High court lawyer saying high court directly will not entertain, 1st have to go to session Court. Is that correct?
Anonymous
Replied 5 years ago
High court lawyer saying high court will not entertain directly. 1st go to session Court.
Rameshwar Dadhe
Responded 5 years ago
Vishwabandhu
Responded 5 years ago
U can file criminal revision against issue of process in Sessions or High Court as the both Courts have
Concurrent jurisdiction and it is your liberty which court u want to select.But once u have selected the court u wiil be binded by its order.
Vishwabandhu
Responded 5 years ago
Thus there r two options :-
1 File the Petition under sec 482 Cr.P.C. and get stay from High Court OR
2 File Cruminal Revision in Sessions or High Court and get stay.
Anonymous
Replied 5 years ago
Is issue process also an order that can be challenged in session or high court?
At this stage, shall I apply in session first or high court?
Would high court entertain us directly without approaching session court?
Vishwabandhu
Replied 5 years ago
Dear Client u can file revision in Sessions Court or High Court against issue of process.
Vishwabandhu
Responded 5 years ago
Dear client u can file Criminal Revision in Sessions Court or High Court under sec 397/401 Cr.P.C only after the Charges r framed against u by Trial Court.
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