498a : need guidance over vigilance report over dp act
Prakash Tiwary
(Querist) 23 September 2017
This query is : Open
Case :
Falsely implicated under 498A. Fighting custody for daughter as well. Case is under train in Mumbai. Dowry was claimed by my inlaws. My FIL retired from central gov org in kolkata.
My vigilance complaint
I have filed complaint against F.I.L before Vigilance under dowry protection act. As an evidence i have given their statement recorded before IO and submission before. I requested to look in to correctness of statement , disproportionate asset and dowry protection act.
Vigilance Response
1. Deny to look in correctness of statement as Mumbai police is doing.
2. No disproportionate asset as per their record.
3. They agree if such my F.I.L has given dowry , it is a cognizance offense and written " appropriate action may be initiated on the basis of the result of the investigation by law-enforcement agency in this regard".
My query and seeking suggestion
a) For point #3 who will initiate and refer to law-enforcement agency ? or which law-enfo agency here ?
Should i ask Mumbai police to start investigation based on vigilance report ?
b) Also , how should i use #2 . Income tax or anti corruption is next step ?
Thanks
Sudhir Kumar, Advocate
(Expert) 24 September 2017
So you are keen on proving that your father in law was forced to give dowry beyond his means?
Prakash Tiwary
(Querist) 24 September 2017
@sudhir sir, I want to prove that their claim is wrong. They can't afford to give dowry what they are claiming. my marriage was a love, but arrange marriage. my money was spent on marriage. Also i have sufficient evidence rather that i have spent more money to wife for her career and study. I left multiple MNC job like Google, that too in written that because of my wife career.....and same email was verified by forensic lab under section 65/B of evidence act.
Please suggest if i am doing something wrong.
Guest
(Expert) 24 September 2017
Do you believe that the experts are your paid servants to suggest you how to implicate falsely your FIL?
Ethically, you should have asked such questions from your own lawyer through whom you are fighting the case by paying fee. Please don't expect any unethical advice from the experts through this forum.
Guest
(Expert) 24 September 2017
Mr. Prakash,
I would like to endorse the views of both Shri Sudhir Kumar and Shri Jigyasu.
Whatever you want to prove, that should be on merits of the case, not by making the experts your own tools or by coercion through vigilance department or police. If you have not hired any local lawyer so far, you must hire one to guide and advise you appropriately at each stage or fight your case.
Prakash Tiwary
(Querist) 24 September 2017
Thanks Dhingra sir , Sudhir sir . Appreciate your help.
@Jigyasu sir ...i am not seeking any advise to implicate falsely. I am collecting my evidence , hence seeking help. In my complaint , i have asked to look into statement , not to implicate. The vigilance is doing with full responsibility.
Sir, there is nothing wrong in learning from others lawyers, besides local lawyers. Hence i put my query here. The objective of forum is this.
Guest
(Expert) 24 September 2017
You are welcome.
.......
Guest
(Expert) 24 September 2017
Mr. Prakash,
Your statement that you have asked to look in to statement does not seem to be relevant from any angle in the absence of the statement/ instructions by vigilance. Further when you believe that vigilance is doing with full responsibility, your indulgence is quite undesirable. Let them work as per their rules and procedure. So, why you are worried about discharge of their own responsibilities. The vigilance, knows well who has to do what, but certainly not through you.
There is nothing wrong to learn anything, but, why not learn from your own paid lawyer for such type of knowledge? Nobody can guarantee that you may not unduly harm the interest of any innocent person after learning such things at this forum.
Guest
(Expert) 24 September 2017
I appreciate the views of Mr. Jigyasu on the statement of Mr. Prakash. His doubt definitely is relevant. Even if the querist may not misuse such advice on the immoral issue, misuse of advice by some other reader cannot be overruled.
Prakash Tiwary
(Querist) 24 September 2017
@jigyasu sir including @dhingra sir @ Sudhir sir .thanks . I learned and assure you all , false implication is NOT my intention. Will Not do any kind of harassment . Yes , i realize that my query is confusing. Will improve next time.
Sir, you all have compelled me to think from legal POV. It will help me in deciding next step.
Guest
(Expert) 24 September 2017
Yes, Mr. Prakash, you have the need to understand that nobody should be able to gather any such information from any advice given to you in good faith at this forum that can be misused easily against some other person.
Guest
(Expert) 24 September 2017
I am happy to know that Mr. Prakash has been able to rightly get my point.
Prakash Tiwary
(Querist) 24 September 2017
Just to share contest , Police has filed supplimentary chargesheet after 2 years of original chargesshet and in improved version dowry was mentioned. In First chargesheet , no dowry was mentioned. Hence i started all these complaint.
Guest
(Expert) 24 September 2017
If wrong allegation, your own lawyer can effectively scuttle down that during cross-examination of your FIL.
Rajendra K Goyal
(Expert) 24 September 2017
Without knowing full case details / material facts/ all related documents / case file, nothing can be advised. Discuss with your lawyer.
Guest
(Expert) 24 September 2017
Well advised by Experts ..........................
Dr J C Vashista
(Expert) 25 September 2017
Have faith and Consult your lawyer to sail you through the case(s) and counter attack on the complainant and her family (especially her father) for that you will have to collect and submit substantive evidence(s) to prove your allegation(s), if any.
If you have lost faith in your counsel change him/her immediately.
I appreciate and endorse analytical approach and legal acumen of experts Mr. Jigyasu and Mr. P S Dhingra.
Nothing more to add.
Guest
(Expert) 25 September 2017
Dear Dr. J.C. Vashista,
Thanks for your appreciation of my analysis.
Prakash Tiwary
(Querist) 25 September 2017
Thanks Dr. J.C. Vashista . I dont have any allegation except defend myself. I have sufficient evidence , but collecting more. I want to make sure 100% i am in win side . Thats why i put query. I always believe in learning from many. Here itself i learned .
My lawyer is good . He remembers all the phase of my case. Its system where my in laws are delaying the case . Last four years just chargesheet was committed , nothing more :( .
