498 A & D.V is pending in court

977 votes

I have perused the contents of your query and would advise you to file a complaint before the concerned police station under section 506 IPC. Do also seek protective order from the court wherein the matter is pending. For further consultancy and legal services you may contact us.

Advocate Anubhav Kathuria LawRato

660 votes

you should file an application for the cancellation of bail under the provisions of law against the accused. further you can also file a fresh application for the offence chargeable for giving threats and misbehaving. rest can be discussed over a call or a legal meeting.

Advocate Nitin Bansal LawRato

972 votes

Respected sir /madam
you stated that husband drink condetion came to your home and started abusing language . called 100,they did not nothing and you also stated fir registered and dv Case stage interim application argument .

Advocate Ravindra Kumar Panwar LawRato

721 votes

Hello I have perused your query. In such a case you have an option to file an application for proper investigation under section 156(3) before the magistrate.
As far as protest petition is considered it has no statutor The magistrate is also empowered to direct a further investigation under Section 156(3) Cr.P.C. after receiving a protest petition. Similarly, it is settled that if the magistrate does decide to take cognizance on the Protest Petition, it must satisfy ingredients of a ‘Complaint’ under Section 2(d) of the Cr.P.C., and then the complainant must be examined on oath before issuing a summons.

Therefore it is advisable to receive instructions from court for proper investigation.

For any further information feel free to reach out to us

Advocate Love Kumar Soni LawRato

865 votes

Yes protest petition shall be filed in the case.
Yes complainant presence would be required for recording the statement.

Exemption can be sought for the hearing then presence would be required in the next hearing.

Advocate Prashant Vaxish LawRato

760 votes

You have clearly stated that the case is at the stage of prosecution evidence and charges have been framed by the court.

Protest petition cannot be filed against this as court has framed charges and discharged one of the accused as stated by you, the IO has no involvement in this. Therefore if you are dissatisfied by the charge framing order then the recourse would be to file revision under 397 crpc

If the complainant has recieved the summon for PE then this means she has been summoned to give evidence and would also be cross examined by the accused counsel.

If the complainant cannot appear on that day then you can seek exemption for that day and take another date. If the complainant does not appear at all then the court is entitled to drop the complainant as a witness and conduct trial without her, this in most cases will result in acquittal of the accused. In some cases the court can also issue bailable warrant against the witness however its very rare.

My advice is to kindly cooperate with the court and give evidence.

LawRato LawRato