Manohar Manu (NA) 29 December 2016

Query about 498a case

Hello Legal Team,

I’m a victim of legal terrorism i.e 498A. Evidence, 313 statement, and arguments are done. Only judgment is pending. Witnesses in the case were complainant ( don’t want to call her as wife), her father, mother, Aunt(Spot Mahajar witness) and Sister.

In the cross evidence they agreed, that they have used police power to register the case and to book FIR, which is true and their relative is an IPS officer.

They also said, so called IPS officer called the Inspector of the station and ordered him to prepare the complaint and book the FIR.

As per the instruction given by the superior officer, station writer prepared the complaint and writer himself typed the complaint. This was agreed by the complainant and her mother. All their statements were recorded by the magistrate.

Hon’ble magistrate considered their statements as partially hostile and same has been recorded.

All things (which did not occur in reality) mentioned in the complaint are created by police as per order from their superior officer.

After this, complainant and her parents came to know they will lose the case. So now they want us to go for compromise, for which I’m not ready.

So they are pressuring me through my advocate, who says law is in ladies favour, so judge will punish you. So agree for compromise.

Now my question is will I get punishment and imprisonment. What to do if Judge gives punishment, even though there is no merit in the case. Pls reply.

Regards,

Manohar

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3 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 30 December 2016

If you are sure, all the facts are properly conveyed to the court then you may get acquitted,

You may appeal if order goes against you.

(Guest)

Originally posted by : Manohar Manu
	Hello Legal Team, I’m a victim of legal terrorism i.e 498A. Evidence, 313 statement, and arguments are done. Only judgment is pending. Witnesses in the case were complainant ( don’t want to call her as wife), her father, mother, Aunt(Spot Mahajar witness) and Sister. In the cross evidence they agreed, that they have used police power to register the case and to book FIR, which is true and their relative is an IPS officer. They also said, so called IPS officer called the Inspector of the station and ordered him to prepare the complaint and book the FIR. As per the instruction given by the superior officer, station writer prepared the complaint and writer himself typed the complaint. This was agreed by the complainant and her mother. All their statements were recorded by the magistrate. Hon’ble magistrate considered their statements as partially hostile and same has been recorded. All things (which did not occur in reality) mentioned in the complaint are created by police as per order from their superior officer. After this, complainant and her parents came to know they will lose the case. So now they want us to go for compromise, for which I’m not ready. So they are pressuring me through my advocate, who says law is in ladies favour, so judge will punish you. So agree for compromise. Now my question is will I get punishment and imprisonment. What to do if Judge gives punishment, even though there is no merit in the case. Pls reply. Regards, Manohar

Whether you will get punishment or not that nobody can tell, you will have to wait for order date. If it is against you, then you go for appeal. Why compromise? Becauase there is uncertainity. Its simply like this, a glass has half water in it, its the way you look at it, one may say its half filled, other may say its half empty. Law also works like that only, there is human ingredient in law, though there are rules, the person who tells a story and the person who listens to its, comprehends it are all human, and to err is human, and when such happens, there is always room for appeal. Thats Law. Now you need to have time to do all this, it will kill time like anything and finally there might be human error. So its better to compromise and turn things the way you want rather than wait in some court hall for next two decades would be my opinion.