498a chargesheet filed after 12 months without informing us
narendra
(Querist) 18 March 2015
This query is : Resolved
Guys
Finally 498a CHARGE SHEET was filed after 12 months and we were not even informed. Our lawyer found it ON LINE and informed us that chargesheet 498a is filed and our hearing date fixed for 1 Jun 2015.
Now I would like to what option we have?
The process was NOT FOLLOWED because police knows it was a false case and they did not follow section 41 steps and hence they filed charge-sheet discretely. Is it allowed first of all?
What steps we shall take to make police comply with process and do we have option to quash FIR and Chargesheet since it was filed after 12 momths that too without following proper steps?
Thanks
narendra
(Querist) 18 March 2015
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narendra
(Querist) 18 March 2015
Our Domestic violence case is at cross question level and may get over by may 2015 just before 498a will start.In Domestic violence case the MAINTENANCE was already rejected by court as court found several problems with her replies including photographs of her adultery provided by us.
Devajyoti Barman
(Expert) 18 March 2015
I am not aware of merit of the case. sINCE THE CHARGE SHEET IS FILED IT IS NOW RIPE TO BE CHALLENGED IN QUASHING BEFORE HIGH COURT.
narendra
(Querist) 18 March 2015
Yes charge sheet is filed 12 months after stipulated period of 3 months. but without our presence and without informing us. Can police file CHARGE SHEET DISCREETLY to avoid going in front of magistrate who will ask them if they followed proper procedure related to section 41 and bail process?
If that is the case how do magistrate make sure section 41 and other bail process were followed in such cases?
Look guys; I am looking for EXPERT OPINIONS and NOT something that a guy with common sense knows.
Thanks
Devajyoti Barman
(Expert) 19 March 2015
Raise these issues in quashing and hence you are asked to go got quashing in high court.
Rajendra K Goyal
(Expert) 19 March 2015
Charge sheet has been filed, try for its quashing.
narendra
(Querist) 19 March 2015
Considering that the case is in PUNE Please give me rough estimate of expenses involved for quashing of FIR in High court.
Just provide me rough estimates please.
Mostly what I have seen is that High court normally deletes the other respondents listed in FIR but does not QUASH 498-a and continues it on HUSBAND only after deleting un-necessary names.
In that case we will have to see if going to high court is benefit to us or not since other respondent can any way get EXEMPTION since they all belong to another city and were NOT PART of shared house hold.
Also can we file defamation on girl, based on false 498-a or shall wait for 498a to get over.
Nadeem Qureshi
(Expert) 19 March 2015
Dear Querist
if the accused is arrested and sent to judicial custody then the statutory period for filing the charge sheet within 60-90 days will come otherwise there is no time limit for filing charge sheet, even if the police is not file charge sheet within 90 days then there is no offence but only the accused got a right to get bail from the court.
as per your information the charge sheet has been filed in your case, then after getting charge sheet you may file a quashing petition before High Court if you have strong proof in your favour and against the Charge sheet. or you may argue the matter on charge with all the relevant evidence and try to get discharge from the trial court, if the court frame the charge against you and others then file a revision petition before Appellate Court and argue the matter on merit.
contact a lawyer personally with all the documents or over the phone.
narendra
(Querist) 19 March 2015
Most of replies are IGNORING the fact that CHARGE SHEET was filed (after 12 months) without our presence BYPASSING MAGISTRATE level interaction!!
This way concerned I.O has saved himself from explaining to court if he followed all process related to section 41 and why members living in another city were subject to BAIL PROCESS??
Please while responding consider the QUERY and give complete answers.
WHAT RECOURSE we have in court and how do we take this up with court is what I am asking?
Is this a ground for quashing FIR?
DO FIR in 498a EVER GET QUASHED? do you have any such examples because my research says that high court mostly just deleted un-necessary names but continues with 498a on husband.
Thanks
T. Kalaiselvan, Advocate
(Expert) 20 March 2015
Your repeated insistence on police filing the charge sheet without following the formalities properly shows that you have actually misinterpreted the provisions of law or have not understood it fully. In spite of experts proper opinion to your query you seem not to clarify this issue from your lawyer if you have not understood the terms. The issues raised by you are to be dealt with during trial only and not at this stage. You have been advised of options to go for quash or discharge petition in the trial court itself. Better consult your lawyer in person, discuss with him/her about further steps to be taken on this and then decide next course of action.
narendra
(Querist) 20 March 2015
Okay Guys,
Lets make this simple.
1)
CAN police file CHARGE SHEET in 498a cases without presence of RESPONDENT's?
2)
If NOT and still I.O did so then, how did the MAGISTRATE allow to file charge sheet without our presence?
3)What should be our response?
Thanks
Devajyoti Barman
(Expert) 20 March 2015
1. Yes, he can.
2. Magistrate does no wrong in accepting it.
3.Nothing.
T. Kalaiselvan, Advocate
(Expert) 20 March 2015
The duty of IO is to file charge sheet after completing the investigation if the complaint made offences are established through his investigations, for this he doe not invite everyone to have a look at it. He is doing his duty as per the the provisions of law, if you are not understanding the subject, either discuss with your lawyer or read the concerned law books fully and get cleared.
narendra
(Querist) 21 March 2015
Okay Guys,
Re pasting message below.
narendra
(Querist) 22 March 2015
Okay Guys,
Thanks for the replies. Most of you showed lots of patience while responding to my query and I thanks you for that.
Just a NOTE here:
The I.O chose to NOT TO FILE CHARGE SHEET IN OUR PRESENCE but file it discretely as he WAS INSTRUCTED first during FIR (by DCP) and then LATER after BAIL PROCESS (by Sr police inspector) to DELETE other RESPONDENT's from CHARGE SHEET AS THEY STAYED 200 KM away in another city and were NOT PART OF SHARED HOUSEHOLD.
SO you all saying I.O was performing duty does NOT HOLD TRUE in this case.
HE DID THIS TO AVOID US going again back to police commissioner and DCP to press for deletion of our names but now SINCE HE HAS FILED CHARGE SHEET discretely we do not have that option left but to go to court and do our bit there.
The SAID I.O has ignored instructions from DCP
and and his senior POLICE OFFICER to delete our names and as he has some different type of contacts with the APPLICANT.
When replying you all SHALL understand what is DONE MOSTLY in such cases ( I mean charge sheet are mostly filed by calling respondents to court) But if that's not happening then there could be a ULTERIOR MOTIVE of I.O not calling respondents during charge sheet filing. This is a clear case where an I.O is compromised and has different types of contact with the Applicant. And therefore I wanted to know what and how such officer can be reported when he does NOT even follow his superiors orders??
SAINATH DEVALLA
(Expert) 22 March 2015
Chargesheet can be filed even in your absence,it is not mandatory that it should be filed in your presence .4f98A can be filed any time ,there is no time limit.Even if your wife reunites with you she can file it as an when she deems fit.Thats the problem with 498A. Better go for a quash as advised by most of the experts.
