498a false case
Querist :
Anonymous
(Querist) 10 February 2011
This query is : Resolved
My wife left my house two years back and within six months of our marriage in 2009 Jan. In sep 2010 she filled a false case against us implicating my parents. All three got arrested and got bail in the first appearance. She has bought the police and the IO is on her side.he has filled a false chargeseet against us under sec 498a,406,325,34 ipc and dp 3 & 4 . In the chRgeseet IO has mentioned that he has taken statement from my 3 neighbors. But actually he never investigate the matter. All three are ready to appear in court in my favor. They are also ready to fill affidavit in court saying they have not given any statement and anything recorded in case is false and fabricated by police.
Can police do such a thing.? Is there anyway that I can file case against the police after their affidavit.?
Can I move high court for quasing of the case before trial.
indrajit mukhopadhyay
(Expert) 10 February 2011
when bail was granted on the very inception, you easily can understand that the court was in a position to understand that the case was a false one. please take note carefully that most of the investigation conducted by i.o are nothing but a complete table work.If during trial, all the witnesses whom io examined, retreat from their earlier statement,recorded by io,there will be no effect of that investigation.If any witness state one particular thing to io and then make a reverse statement before the court, the court will not rely that particular witness .
But it's better not to move before HC for quashing because initially HC may not accept it,as during investigation prima fasci charge will be surfaced.
Querist :
Anonymous
(Querist) 10 February 2011
Thank you for the prompt reply... Feeling relived ...
But one of my question is still unanswered.
Can I file a counter case against police for falsely submitting manufactured witness recording. The witness have never been quizzed by police here. Hence no question of retreating from statement arises. Moreover they are ready to appear before court against police.
What are the counter cases that I may fill against my wife
Amit Minocha
(Expert) 11 February 2011
no, at this stage you can't, first during cross of their witness get the said submission recorded
Querist :
Anonymous
(Querist) 11 February 2011
Ok so it means I can file counter cases against police after the said submissions are recorded and proved in court.
What are the section in which the same can be done
NOTTAM VENKATASAMY
(Expert) 11 February 2011
YOU FOLLOW MR.INDERJITJI SUGGESTIONS, IT IS NOWADAYS PRACTICE POSITION OF ALL INVESTIGATE OFFICERS SO YOU CONTEST WITH ONE COUNSEL WITH DEFENCE WITNESS ALSO.
Querist :
Anonymous
(Querist) 11 February 2011
Thanks for all your valuable suggestions and feedback. I would keep u all posted with the developments.
