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Misutilisation of Judicial Process 
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Joined: Tue Jul 14, 2009 12:09 pm
Posts: 3
I along with my family was travelling by my own car and it was hitted by a military truck causing spot death of my wife and myself alongwith my kid and driver was seriously injured. The local police registered case under various setions of IPC and MV Act against the military driver for rash and negligent driving causing death and serious injuries and damages. 6 years has been passed of my marrige. My in laws tried to file FIR under DP Act but the same was not accepted by the Police because the case was clearly a case of accident .

They filed a complaint case before the JMFC of their native town alleging demand of dowry by me and alleged murder. Surprisingly the learned JMFC took in the record the statements of four of their family members and taken cognigance u/s 302,304B, 201, 498 B IPC r/w 4 DP Act and issued NBW against me, ny mother , my younger brother, and car driver .

Please advise


Thu Jul 16, 2009 6:05 am
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Joined: Tue Dec 23, 2008 11:58 am
Posts: 88
it seems to be a gross Misutilisation of Judicial Process but the magistrate would have been surely provided a well crafted story by the inlaws.
i feel sorry for the death of your wife and this charges which you are not accountable.

when did the accident happened to be.?
as the driver is a milaitary one ,i am not aware of what are the judicial proceedings?

but please donot loose your nerve and wait for replies from our experts'
shonee and poppinder and others.

regards
binu


Thu Jul 16, 2009 6:48 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
I am sorry for the loss of life.

However, I have inadequate understanding of 304-B and hence I had not replied to the posting in private mail as well.

Don't want good intentions to harm someone. A good counsel should be able to guide him through.


Thu Jul 16, 2009 7:21 am
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Joined: Tue Jul 14, 2009 12:09 pm
Posts: 3
Thanks Binu for your concern.

The accident happened in the first week of May 2009 and the police had registered and also filed chargesheet in the local court against military driver for negilgent and harsh driving causing death and injury under various provisions of IPC and MV Act.

The story given by my in laws were just the routine stereotyped one which are being filed in the several lower courts now a days alleging that i was asking for dowry since my marrige along with my family members and has told them to kill my wife if my demand is not fulfilled.

304 B refers to murder for dowry


Thu Jul 16, 2009 9:35 am
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Joined: Tue Apr 21, 2009 5:46 pm
Posts: 336
Location: UK
Pramod,

Sorry to hear about the death of your wife and son. Please file an quash petition in the High Court stating that this death has happened due to accident and there was no cruelty or harrasment. Attach the copy of the chargesheet. 304B will be surely dropped, but 498a needs to be dropped. Convince the judge about the facts on the date of accident and tell them that this is the counterblast of the deaths due to accident and porpose to file the complain was to get the share in the financial compensation that you will be receiving from the courts / insurance etc.

_________________
Regards,
Hardik Mehta
hardikm007@gmail.com


Thu Jul 16, 2009 11:54 am
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Joined: Tue Jul 14, 2009 12:09 pm
Posts: 3
Mr Hardikam
My wife expired and son has survived from the accident. I have been charged u/s 302 along with other sections whereas y family members u/s 304B alongwith other sections.

You have mentioned rightly that the intention behind this caseby my in laws to get share in compensation as well as claim some amount from me by making harresment. I have already filed petition u/s 482 to High court for quashing the proceedings and stay of NBAW but the case has not been listed till now


Thu Jul 16, 2009 12:48 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Pramod,

I express my solidarity with you, inspite of the fact, that I have not been of much help.

May the ends of justice be met soon.

God Bless Your Son.

Shonee


Thu Jul 16, 2009 6:16 pm
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