498a
· 498a case filed by my sister-in-law on my brother, parents, sister, sister’s husband, two other relatives.
· As per FIR , the girl lived with accused for 5 days after the marriage. Boy left to UK after 5 days. After 5 days She lived with her parents for 2 months and then she joined her husband in UK
· Girl came back and filed the 498a case.
· As per FIR, there are no allegations on A2, A3 (parents) except they asked the money by phone.
· Allegation of gold on A4,A5
· No allegations on A6,A7
· All got bail from session court except A1 who is in UK.
· No allegation occurred in the place where the case was registered.
POLICE INVESTIGATION
First IO: Case Dairy1
1) Complaints did not bring any witnesses, did not provide any evidences
2) But Accused provided the evidences showing the girl’s expenses spent from boy’s account, marriage expenses related, how well she took care by A1 (photos of girls birthday)
3) IO-1 did not find any primafacie
4) IO-1 asked the PP for opinion
5) As per PP, the complaint did not live with A2-A7 for considerable amount time even as per FIR. Moreover A4 is married to A5 13 years and live in the different town. Allegation is vague that asking money by phone. A2, A3 live in remote village where hardly they use cell phones.
6) IO-1 discharged the charges on A2 to A7
7) IO-1 returned the bail bonds given by the accused.
IO-1 got promoted and transferred to another place.
Second IO : Case Diary2
1) IO2 took 3 more months and suddenly arrested A5 who is govt employee and husband of A1’ s sister. He showed the bail bonds and said that we got the bail bonds from police station after closing the case on him. But IO2 did not hear and kept in police custody for 1 day. IO2 told they do not have any evidences we got the binds and submitted in police station.
2) A5 got normal bail again from lower court
3) Remaining A2 to A7 got the bail from high court again
4) All of sudden there are 10 witnesses in the chargesheet
5) MORE and MORE ALLEGATIONS in the CASE DAIRY-2 than in FIR.
6) Evidences given by accused are missing in charge sheet.
7) IO2 made the A4, A5 (sister, her husband) became A2 ,A3 in the charge sheet.
8) Not many allegations on parents but more allegations on Sister and her husband.
Totally police took 11 months to do everything. As per the dates, IO-2 did everything in 1 month period. IO-2 did not consider anything done by IO-1.
At last , the case was charge sheeted on everybody. Charges framing is yet to be done.
Questions:
I am not much knowledgeable on the laws, could you please suggest
1) What are the options we have and what actions we can take?
2) Should we go with petition about questioning the jurisdiction in lower court with crpc 177?
If so, is there any chance that can police add any allegation to charge sheet that it occurred in the place where the cases was filed before charges framing? Currently there is no allegation of that place in CC.
3) Should we go for ONE quash petition for A2 to A7?
4) Should we file writ petition? What will we get with writ petition?
5) Should we file the quash for dropping the charges on A2-A7 . Does the PP opinion of case dairy-1 will helpful??
6) Should we file quash for questioning the jurisdiction? So, if the case transferred A1’a home town, then all should take the bails again??
7) Should we file WRIT petition, QUASH together?
8) Since there are more allegation about the dowry, will the quash helpful for sister and her husband?
9) Should we go for trial ?
