Legal Question in Criminal Law in India

section 198 (1) & (2) of CRPC read with IPC 497

Complainent lodged a complaint before police u/s 497 IPC.police recorded the complaint.Police officer sent a police report to magistrate & asked permission to investigate.Permission granted on police report.Police filed a chargesheet.Ultimately accused convicte u/s 497 of ipc.

Accused preferred an appeal in which for the first time he raised an objection regardiung validity of permission by magistrate on the ground that husband didn't pesonally approach before magistrate.

^Whether such type of objection can be raised in appelate court?

^Whether not approaching by complainent to magistrate is a fatal to the prosecution & whether proceeding is nullity?

Qerry is based on Section 2d,section155 (2), 198 of crpc & IPC 497.

^Whether the case decided in maruti k Kharade v/s state of maharashtra & another in cri revi application no 1992 of 1993 decided on 1/8/1994 by Justice Shirpurkar of Nagpur bench reported in 1995 (1)B.Cri.C.65 & Deokabai v/s Namdeo Dhoke cri revi no 188 of 1993 decided on 22/07/94 reported in 1995 (2)Crimes 443 is goodlaw.


Asked on 11/26/05, 7:40 am

2 Answers from Attorneys
Pravin Vaidya Independent

Re: section 198 (1) & (2) of CRPC read with IPC 497

Since important question of law and fact is involved I suggest you to send full brief to enable me to look into the case and give opinion

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Answered on 3/06/06, 1:40 am
roopesh sharma ROOPESH KR.SHARMA and ASSOCIATES

Re: section 198 (1) & (2) of CRPC read with IPC 497

interesting question of law i need to explain the intricacies in detail please call me on 09818043888.to get your answer in detail.

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Answered on 12/04/05, 2:26 am


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