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1 - 10 of 13 (0.02 seconds)M.P. State Road Transport Corporation vs Sudhir Kumar Jain And Ors. on 30 March, 2000
The courts have to be extremely careful and
cautious in dealing with these complaints and
must take pragmatic realities into
consideration while dealing with matrimonial
cases. The allegations of harassment of
husband's close relations who had been living
in different cities and never visited or rarely
visited the place where the complainant
resided would have an entirely different
complexion. The allegations of the
complainant are required to be scrutinized with
great care and circumspection. Experience
FIR No. 346/2005 State Vs Sudhir Jain
11
reveals that long and protracted criminal trials
lead to rancour, acrimony and bitterness in the
relationship amongst the parties.
Section 498A in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Section 227 in The Indian Penal Code, 1860 [Entire Act]
Section 470 in The Indian Penal Code, 1860 [Entire Act]
State Of Himachal Pradesh vs Dhanwant Singh [Alongwith Criminal ... on 12 February, 2004
13. It is further stated that due to the transfer of the complaint from one
place to another place, the investigation got delayed which led to delay in
filing of the charge sheet. He further, submitted that as per Section 470 (1)
FIR No. 346/2005 State Vs Sudhir Jain
6
Cr.P.C. the period during which any person has been prosecuting with due
deligent another prosecution whether in a court of first instance or in a court
of appeal or revision, against the offender needs to be excluded for
computing the limitation period prescribed in Section 468 Cr.P.C. He further
argued that in this case complainant in good faith was prosecuting the case
is Nagercoil and due to defect of jurisdiction, the FIR was got transferred
from Nagercoil to Delhi and therefore, the period from June 2001 till 2004 is
liable to be excluded for computation of limitation period. But, even after
excluding said period there appears to be delay of one year in taking
cognizance in this case.