Charges framed --- u/s 498/406/dp act. issue ---forge bills submitted by the lady .jeweler is saying to sales tax that he has not sold any item against those bills ,moreover these are just estimates .Jweler even called me and said the same thing .However police is saying purchase taken place against those bills/estimates .Police has presented those documents as bills. I have moved an application u/s 156 ( 3)-----ATR recieved ,ATR says that matter is subjudice u/s 498 /406 and in the said case the jweler is a witness , so the applicant should get his grievances there only ,and it is well settled law that when the matter is subjudice no action can be taken place . i want to know that what should be our basis to differentiate two crimes .so that magisrate consider this 156 application. and don't dismiss it saying that get your grievance registered in 498/06 case.
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1. The magistrate is right and you can't start a fresh case on this.
2. If the evidence of jewellery goes in your favourite then you can file case of malicious prosecution after completion of trial.
3. However I must inform that if you feel aggrieved by the order of magistrate you can file revisional application in upper court.
What is the purpose of moving an application u/s 156? Which order have you sought from the court in proceedings u/s 156?
If the matter is already sub judice, you have no relief on the same issue which is already under trial before the court. You have to wait accordingly or try to file a revision petition before the sessions court
The jeweller's statement and evidence is in your favor then what else you are trying to establish, you may take up this matter during arguments after properly contesting the false criminal case foisted against you.
The said 498a/406/34 case was filed by my wife .our marriage was done in Arya Samaj mandir and later solemnised with reception .No dowry was given .But the lady had submitted false bills in court during my bail application .I was sent to jail for recovery of articles .and when I returned I got certified copy of those bills ,which I later found were estimates .I asked sales tax department to verify .The jeweller replied to salex tax department that these are just estimates and no jewelry was sold against those estimates.the jeweler even called me and said that he has not given any jewelry but accepted that initially he has accepted of giving jewelry .Now when I complained to police under 420/ 120 b for forgery of documents ,police did not registered FIR but scolded the I/O and suspended him .as he has presented estimates as bills.police has denied registering FIR against jeweler and my wife ,her mother .that's why I moved to the court under sec 156+ 200 application .Now the mahila court has also framed charges . 1) should I go for appeal in session court for charges framesd under 498/406/34 dowry prohibition act as there is no mention of date of entrustment ,denial etc ,only streedhan list is attached that too was given in CAW cell .The I/o had given reply to the court during bail matter that the girl has not given any dowry list .moreover I have evidence that these are just estimates not bills moreover the court which granted me regular bail has also notices this fact that evidences presented by me create doubt about averment of the complainant .so how can the judge frame 406 against us.no MLC ,even after 6 month of stay at parental home me and my wife were staying in a rented home away from parents . 2)the Action taken report of police which the judge (who is examining 156 application,he is different judge than 498 a matter )has asked for ,mentions that purchase is done against those estimates and the jeweler is witness in 498 a case so the complainant should raise this issue there only . But according to my knowledge these are two different crimes .how to convince the judge that FIR need to be registered and police enquiry is required ( FSL ,signature ,Books of account of jweler )as the judge may say that all the evidences are within reach so proceed under sec 200 .
1) should I go for appeal in session court for charges framesd under 498/406/34 dowry prohibition act as there is no mention of date of entrustment ,denial etc ,only streedhan list is attached that too was given in CAW cell .The I/o had given reply to the court during bail matter that the girl has not given any dowry list .moreover I have evidence that these are just estimates not bills moreover the court which granted me regular bail has also notices this fact that evidences presented by me create doubt about averment of the complainant .so how can the judge frame 406 against us.no MLC ,even after 6 month of stay at parental home me and my wife were staying in a rented home away from parents .
You cannot prefer an appeal against a case which has not been disposed and is pending trial in the trial court.
What all observations you have noted down will be helpful for you to challenge her false case in the court for getting acquittal. You have to face the trial and wait for the outcome of the case.
2)the Action taken report of police which the judge (who is examining 156 application,he is different judge than 498 a matter )has asked for ,mentions that purchase is done against those estimates and the jeweler is witness in 498 a case so the complainant should raise this issue there only .
But according to my knowledge these are two different crimes .how to convince the judge that FIR need to be registered and police enquiry is required ( FSL ,signature ,Books of account of jewellery )as the judge may say that all the evidences are within reach so proceed under sec 200 .
For this also the above answer suits. You cannot force a judge to agree to your opinion or thinking. the court will go by the law only and may not act to cool your agitated mentality. There is no reason for registering a FIR on the basis of your complaint. The matter can be taken up in the trial court where the 498a case is pending, I dont think you are entitled to any relief under section 156(3), so better consult your lawyer whom is in the knowledge of entire situation for further advise.
1. Moving the Sessions court would be the proper recourse in the given circumstances.
2. Filing 156 is not the proper remedy if the object is to seek investigation in respect of the case in which charges have been framed. You should move an interlocutory application in the original case to seek investigation.