• 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 in Criminal Law from Bathinda, Punjab
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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

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
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

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.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

As I said it is your appointed lawyer alone who has to and can chalk out your defence strategy. Contest the case on merits.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

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.
H. S. Thukral
Advocate, New Delhi
529 Answers
145 Consultations

5.0 on 5.0

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
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

3.9 on 5.0

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.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

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