complaint under 190 crpc is a private complaint which is filed by the advocate of the complainant with section of IPC and its proceedings are diff from that under FIR.do not worry fight the case with your advocate on merits
Under Section 190 IPC in 420 Criminal Case in punjab
My mother has filed a false FIR against me and my wife u/s 420 & 120B, but after police re-investigation, the police and Distt. Attorney (DDA Legal) declared my wife innocent and her name was placed in coloumn no. 2. But now my mother has submitted an application u/s 190 to take cognizance of my wife again in same case. I want to enquire : in this criminal case-the Public Prosecutor is not filling/submitting any application. Even u/s 190 application was submitted by her private advocate.. is it possible that a private advocate in criminal case lodging applications or fighting the case? Report and advice of DDA Legal was not enough to dismiss the application of u/s 190? My mother is purposely/ knowingly dragging my wife's name in order to get her property which is in her name? We have filled the reply for u/s 190 application. Please let me know what will be the nest steps in this matter? How can I protect my wife (who is pragnent)..... Thanks
Asked 10 years ago in Criminal Law
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7 Answers
Please tell me the further steps in our case... Even my mother had filled a domestic violance case which was a civil case and was dismissed at default (she was not coming to attend civil case hearing because FIR was lodged and criminal case was started).........please help me out....
Asked 10 years ago
Thanks for reply Sir. Please tell me more about it.... Will the judge take cognizence of my wife?... My mother and sister are having connections in politics and even they are going to any extent for drag her name. In this order they are blackmailing me to transfer her property in their name just because of FIR u.s 420... Even police was not ready to listen our story. My mother & sister are framing us.... Will judge in our case will consider the factor of mother-son relationship? Because we are facing problems due to mother-son relationship. Everyone says that a mother cannot be wrong or cruel.... but in our case it is the case... please let me know the verdict and flowchart in our case... please note that I have police protection by High Court Orders, because my mother & siblings were attacking on us on hearing.......
Asked 10 years ago
Even a civil case from my mother side on the same matter was dismissed in default before this FIR? When can be the worst verdict against me?
Asked 10 years ago
it is not a question of consideration its a question of facts,if facts support he will other wise not,all the facts of other cases you can pass to your advocate so that he can properly defend your case
It is legally possible for your mother to prosecute your wife through her own lawyer notwithstanding the fact that police gave a clean chit to your wife.
DDA' report has no nexus with the application filed by your mother. Your further legal recourse has to be charted out by your lawyer as he alone is aware of all the facts of the case.
As I said it is your appointed lawyer alone who has to and can chalk out your defence strategy. Contest the case on merits.
You have filed the reply to the application under section 190 CrPC ? There seems to be some misunderstanding. If you have been summoned by the Magistrate , the witnesses of the complainant shall be examined in your presence and you will get opportunity to cross them. Thereafter you can lead evidence in your defence . You better engage a criminal lawyer to represent you in the matter.
rightly answer by Mr singh. in criminal complain case you being accused can not represent you until unless you are summoned by court. better consult some experienced lawyer
Sir, actually My mother filed an application u/s 190 to take cognizance of my wife (who was declared innocent after police reinvestigation and endorsed by DDA Legal). But now I want to know whether the Judge of Lower Court can take cognizance of wife wife or not? Even my mother is changing her statements very frequently. Even changing the amount (before it was 3 lacs cash but, now she is saying 5 lacs cash). Even my real sister (who is disowned) is a witness in our case. Other witnesses are policemen only. Can a family member be accepted as a witness in criminal case @ 420 IPC? I got police protection under High Court Order..... I want to ask, as an accused it is mandatory for me to attend all the hearing?
Asked 10 years ago
The judge can take cognizance notwithstanding the fact that your wife has been given a clean chit by police in its report. If he takes cognizance then you may challenge it in High Court. There is no bar to a family witness becoming a witness.
As an accused you are obligated to attend every hearing personally till you are exempted.
I have a notarized affidavit (money received from my mother), which was executed in Oath Commissioner Officer/Notary Office with proper formalities. But now my mother is denying that this receipt is fake etc etc.. I want to inquire about the real value of this receipt (which is on stamp paper of Rs. 25/- and notarized). Can she deny the affidavit after execution and notary?
Asked 10 years ago
Kindly note that I paid money back to my mother. Then the affidavit was executed and notarized....
Asked 10 years ago