Action for false statement in 498a
Never Give Up
(Querist) 29 March 2012
This query is : Resolved
Hello Learned members,
What actions (cases) can be taken up against person who has given wrong statement against accuses in 498A cases and made them suffer in jail ?
Please suggest.
Regards
A1(498A)
SAINATH DEVALLA
(Expert) 29 March 2012
To make your case stronger and to expect an earlier settlement file counter cases against her to give her a taste of her own venom.
Below is a list of counter cases.
32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation),
200 (examination of complainant),
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant),
250 (compensation for accusation), 306,
321 (with drawl from prosecution),
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation),
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation), RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to " protection officer " and lies that you abused her "physically, emotionally or economically", file a damage recovery case u/s 9 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for long time. It has no risk.
Also u/s 9 of CPC (law of torts), claim damages for loss of consortium
Shonee Kapoor
(Expert) 29 March 2012
Statement where>
Most of the sections quoted has no application in most of the cases.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Never Give Up
(Querist) 29 March 2012
Hello Shoneeji,
Statements were attached in charge sheet. And yes its true that sections mentioned doesnt have application in my case of 498A. Allegations mentioned were
1. Instigations
2. Normal Taunting
3. not allowing her to meet her relatives
4. Not speaking to her
etc. etc. No mention of dowry anywhere.
Never Give Up
(Querist) 29 March 2012
Also , while framing of charges , do we (lawyer of accuse) actually suggests to drop charges which are not made out from the chargesheet allegations taken on facevalue (ie. 498A in my case) or does magistrate do it by him/her self ?
Ajay Bansal
(Expert) 29 March 2012
File an application u/s 340 Cr.P.C. so that court could file a complaint against your opposite party u/s 193/199/200/211 IPC.
Shonee Kapoor
(Expert) 30 March 2012
Yes, we can argue on charges.
And if the charges are not made out in the complaint, then it is dropped.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 30 March 2012
Dear Mr. Bansal,
340 can not be applied on statement u/s 161
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
sibasish pattanayak
(Expert) 31 March 2012
sir,
my question to all my expert friend of LCI,
WHETHER A MUSLIM TALAQUEE / DIVORCED WOMEN IS ENTITLE TO GET BENIFIT FROM HER EX HUSBAND UNDER D.V. ACT,2005? IS THERE ANY JUDGEMENT?
PLEASE POST CITATIONS IF ANY.
But as per statute she/they can claim as becoz a) the act is special one,
b) it has retrospective effect.
am i right?
plz reply.
regards,
sibasish pattanayak,Advocate.
sibasish_adv@yahoo.co.in
V R SHROFF
(Expert) 31 March 2012
while framing of charges , magistrate do suggests to drop charges which are not made out. In fact, Prosecution have to justify inclusion of those sections & charges. It s are dropped also.
DV ACT , is special one, Like 125.
Never Give Up
(Querist) 03 April 2012
Thank you Shoneeji,Shroff sir.
