161 statement - false
Saketh
(Querist) 11 November 2014
This query is : Resolved
My family friend has filed a 498a on her husband. Incidentally the husband is also an family friend of mine whom I have known for the past 30 years.
The wife has made me as an witness (independent) in the FIR and I also came to know through the husband that 161 statments by me and my wife are part of the case.
However neither me or my wife had given any statement to police nor we have been enquired.
I want the families to be united. My questions
1) How do I get out of this mess and clear my name out?
The case is only in the FIR stage.
Advocate Kappil Cchandna
(Expert) 11 November 2014
Dear,
If police summon to give statements.under 161, u r bound to go, but you can deny things and not say anything there. Give formal statements, not against anyone.
Adv kapil chandna, 9899011450
Saketh
(Querist) 12 November 2014
Thanks Sir. But without me giving anything orally / in writing to the police they have included me as an witness. Without summing me or my wife the statements have shown to be as recorded. What to do now?
Dr J C Vashista
(Expert) 12 November 2014
The police has mentioned your name on the information given by complainant, nothing so serious; they are doing investigation.
You must helpout both the families to sort out their dispute amicably "Outside" legal procedure.
Saketh
(Querist) 12 November 2014
Thanks for the reply sir. I am trying but the wife is very adamant. I know this is a completely false case and the husband was in jail for a week. Can i write to the police / court that they have wrongly added me as a witness and I have nothing to do with case. What would be the impact to me and the case? Kindly advise.
Devajyoti Barman
(Expert) 12 November 2014
Now you can do nothing.
When you would be summoned in the case, you can tell the truth.
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
If the police have made the statement on their own as if obtained from you, then during trial, when you are summoned for deposing evidence, you may state the facts that you have never signed anywhere, it was police who themselves made the statement and signed themselves. You can also deny all those information made on the statement.
Advocate. Arunagiri
(Expert) 16 November 2014
You can state the facts during the trail, do not worry about the 161 statement.
