Fabricated 498A case -- Please Advice

yes you can get copy of her deposition legally by filing an application in the court.

you had not explain that what type of fiction stories published by your in-laws in newspapers

you can file an application for exemption from presence on each trial date

Thanks Shyam for your post. There were 3 different news published in 3  news papers. In English version of story she says, my and my family used beaten her up for dowry and as she has a dusky complexion we thrashed her out home. In Marathi news paper she says my family wanted 2 Lacs dowry from her, so we asked her to leave home in the middle of night. In hindi version of story she says because she was dark, we thrashed her.

Now to get copy of deposition, who do I appraoch and how long does it takes, as the next trial is on 29th Jan. And do I need to file petition for exemption?

Hi Seshi

1. You can apply for Certified Copy of the deposition if you file (Out of order application i.e urgent application) you can get within maximum of 5 days and if you make a personal followup you can get in 2days.

2. You can file a defemation case after the trial of this case you can corborate the same in 498A cross examination itself the questions which you suppose to put in defamation case. Firstly ascertain who has given the report to newspaper. If the Reports approached the Police Station at the time of Registration Crime you cannot blame the defacto-Complainant. Obtain the manuscriptt and also evidence as to who has given news. Whether the version in FIR and the New Report is one and the same etc

4. you can also apply to the court from exemption of apperance of all the accused to court and only one can attend the court under Rule 37 of Criminal Rules of Practise and Circular Orders.

Hope your queries are answered.

Regards

Jeelani

9642388507

Thanks Mr. Jeelni,

Thanks for your clarifications and support. Whatever small suggestion/clarification I get will help me.

1. I have applied for certified copy of the deposition as urgent application a week back but so far has not got the same. I have been following up with the staff, but still not getting it ( and I don't want to bribe anyone).

2. The FIR was lodged on 4th of April and news was published on 17th April by a reporter Yogesh Sadhwani and heading was not about dowry but was about dark complexion. Then there was one more news published on 20th and next on 21st. How do I ascertain who has given the news? (RTI will help?)

Thank you very much for your posts.

Regards,

Shishir

9833788660

Shishirji,

Don't worry, what is published in papers is not at all important. At times such acts are done by powerful wives and their families deliberately thinking that it would spoil the reputation of in-laws and they will be under pressure to pay up. But actually the opposite happens. When a newspaper publishes a FALSE story, the community / society / friends/ neighbors and relatives of the husband who know the case facts come to know how false allegations are put by a wife just to defame in-laws. It also spoils reputation of the newspaper which publishes false tales.

Any such news reports cannot influence trial.

Thanks Avni for your support.

U R Welcome Shishirji !

Mr. Shashir You dont bother about what the news has been published first defend your case in the court of law and come out of the case sucessfully. As has been mentioned by you that the Complaint is filed as the complainant is of drak complexion. KIndly go through enter Complaint and see if the Case is made out for dowry demand. The demand of dowry should lead her to committ sucide or cause her injury to life limb or health or there should have been harrassement or coercion to sale the property or valuable security.

So the husband should beat or made cause to commit suicide to extract dowry if this is not there 498A shall not be attracted.

so defend your case first then think of defamation case later

all the best