[Ashok Gupta]

Hi Sir,

This is in continuation of above . District judge gave permanent bail to my sister and brother and temporary to mother. For me, he asked to return to bangalore and try improving the marital life. We came here on aug last week but nothing went positive. On next hearing , he cancelled my bail .Now, I have yo apply in HIGH court.

As my mother is given temporary bail, he has to go to report court every month .

My doubt :-

When can I apply for quashing of cognizance taken under 498a and dp 3/4 act as I have enough proof to prove my innocence ? Can I apply along with my bail application ? What is the procedure ??

Regards
Ashok Kumar

[Ashok Gupta]

And sir, dont you think that enquiry under sec 202 crpc mandatory.
Here is one citation 🙂
I am residing in Bangalore which is outside the jurisdiction of Sitamarhi, bihar where case is filled.
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Enquiry under Section 202, CrPC mandatory even after Magistrate has taken cognizance after examining the witnesses
Punjab & Haryana High Court: The Court held that Section 200, Cr.P.C. provides for examination of the complainants and the witnesses by a Magistrate while taking cognizance. Once the Magistrate takes cognizance, he has to follow the procedure prescribed under Section 202(1) Cr.P.C. The examination of the complainant and witnesses under Section 200 Cr.P.C. is done while or for taking cognizance after which the Magistrate can either hold enquiry or direct investigation to be made, to decide if there is sufficient ground for him to proceed further. The Court said that enquiry/investigation is mandatory in a case where the accused is residing at a place beyond the area of Magistrate’s jurisdiction. Further it was held that the examination of the complainant and witnesses as envisaged under Section 200 Cr.P.C. cannot be equated or be a substitute for the enquiry/investigation required under Section 202 Cr.P.C. In other words such enquiry/investigation is mandatory even when the Magistrate has taken cognizance after examining the complainant or his witnesses under Section 200 Cr.P.C.
In the present case the learned Magistrate after recording preliminary evidence and without proceeding under Section 202(1) Cr.P.C. and without holding any inquiry, passed the summoning order. The Court held that the examination of the complainant and eyewitness alone under Section 200 Cr.P.C. cannot be held as an enquiry as prescribed under Section 202 (1) Cr.P.C. Admittedly, in the present case, no enquiry as prescribed under Section 202 (1) Cr.P.C. has been made by the Court and non-compliance of the provisions of Section 202 (1) Cr.P.C., which are mandatory in nature, the summoning order cannot be passed where the respondents are residing outside the jurisdiction of the Court where the complaint was filed.
[Dr. Jasmionder Kaur v. Raj Karan Singh Boparai, Crminal Misc. No. M-20260 of 2008, decided on October 3, 2013]

[Ashok Gupta]

sir,
court have directly issued NBW, no summons nothing. Directly after talking cognizance of complainant, court issued NBW.
At least, we should be summoned first .

[Ashok Gupta]

Sir,

The court has issued NBW.
Is it fair ?
what can I do now ?

Regards
Ashok Kumar

[Ashok Gupta]

Can I apply for quashing as the allegations are absurd and with intention of talking revenge ? Need guidance .

[Ashok Gupta]

Respected Sir,

Since the warrant is issued, will it be directed to police station for an FIR ?
will we be given time to apply for AB ?
how the proceeding with go once the warrant is issued ?

[Ashok Gupta]

Friend, these are so called called well educated girls.
Even I dont know what she is going to achieve by all this.

[Author]

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