Legal Question in Criminal Law in India

My 498a case was quashed in Dec 2012 by the high court. There was no appeal filed in supreme court by them,on Oct 2013 civil defamation is filed from my side. Now my wife has filed application for re-hearing in the same high court. My question:

1. Is it admissible in the same court ?

2. There is a delay of 8 months but no application for condonation of delay is filed ?

3. Can i approach supreme court if i receive any notice ?

4. My father-in-law is a lawyer and always try to influence the court( I received warrants once after the quashment of 498a as well, he is practicing there for 30yrs. Can i do something in this regard ?


Asked on 11/04/13, 10:47 am

3 Answers from Attorneys
Vishwa Arya Arya & Co.

The criminal courts have no power to review its own order. There is no question of re-hearing. There has to be an appeal before the Supreme Court by your wife. The court has no reason to get influenced by the fact that the father of the wife is a lawyer. Please have faith in the system. They might have done it to thwart your case of defamation.

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Answered on 11/04/13, 5:21 pm
KAMAL GROVER

It is time barred. So court may not hear it and if hear then defend your case on that ground.

Regards

[email protected]

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Answered on 11/05/13, 10:51 am
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Go ahead with your defamation case and do not get bothered by their pressure tactics. File criminal defation u/s 499/500 IPC also against them if not done so far. You may drop in a detailed query at [email protected]

To know us better, please click on the links below:

http://www.linkedin.com/pub/rajiv-chandhok/33/7b7/82

http://www.lawguru.com/answers/atty_profile/view_attorney_profile/username#more_info

JSR/61113

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Answered on 11/06/13, 2:04 am


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