Law regarding reopening of criminal case
My case under section 498 & section 406 is under process wherein an year ago my petition for sec 406 (criminal breach of trust) wherein I did not get back my marital money and stree dhan was dismissed and I was not informed by my lawyer and did not get the desired relief. Now since an year has passed, can I file a petition to re-open my case under sec 406 as I need justice.
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The criminal court which has acquitted the accused under Section 406 IPC does not have power to open the case. You could have gone for revision to the sessions court immediately after the acquittal. As one year has passed now, there are bleak chances for you to succeed, however, as stated by you as the acquittal happened without you being aware about it i.e. ex parte, we have a chance stating unfair trial as the ground on which a re appeal may be made. But, if your grievance is just to recover your stree-dhan and / or dowry, the proper course of action is to file a Domestic violence case or civil suit, whichever may be more favorable depending upon the facts of the case. If you have sufficient evidence (photos / videos / witnesses / etc.) of their holding the stree-dhan and / or dowry, you can file a Domestic Violence case or a relevant Civil Suit.
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Tags: Criminal Defence Criminal Matters