stage of charge in 498 a case
my wife had filled case against me, my mother & my younger brother U/S 313, 498A, 323,406 &34 IPC on Dt. [deleted] remained in jail for 10 days
There after a report from concerned lady Dr. (mentioned in FIR) section 313IPC got deleted by police in cha?lan as she have no relevant record for her. Then she had filled an application U/s 173(8) for reinvestigation,which is dismissed by lower court.
Now my case is fixed for charge undr pending sections but she have no MLR or nothing like that material & even she convinced that she have no MLR during her cross in case of divorce (filed by Her) & never she complained to police earlier then registering that FIR & She accepcted that also in her complaint that she had taken her articles along with her parents from my house in my absence (but now the list of articles given in marriage is changed & demanding many more ( Rs20 laks for compromise)
Sir now please guide me what I have to do at stage of charge
1. Shell I leave it up to my lawer (as they have a mind make up that here Hon'ble CJM will alwas charg on pending sections.)
2. Does MLR is manadatory or not to charge a case U/S 323IPC ?
3. When she had taken back her articles from my house in my abscence still section 406 IPC be charged ?
4. As section 313 is deleted by court (But rest case
is pending in court) can I file any counter case against her.?
Thank you sir please guide me & plz furnish some relevant examples or authorities to me & plz give any other valuable suggestions to me which you like to tell me