• 156 application ATR received

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.
Asked 1 year ago in Criminal Law from New Delhi, Delhi
Religion: Hindu
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.
Devajyoti Barman
Advocate, Kolkata
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 What is the purpose of moving an application u/s 156? Which order have you sought from the court in proceedings u/s 156?
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

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