498-a queries
Narendra
(Querist) 27 January 2014
This query is : Resolved
This 498-a is after 16 Years of marriage.
AS OF NOW Police, NGO and girls lawyer have clearly understood that case is FALSE and is with intent to grab the property.
The NGo that was approached by Girl is now actually siding with boy. What i do not understand is that despite all evidence why the police wants to still file the case?
Since now we see this coming We have following queries:
1) As my brother lives in Pune and we parents and his brother live in Mumbai, What are the options we have after the case is filed since our names are included? I mean can we get exemption from frequent attendings and also since my parents are old can they be called only when needed in court?
2) After the FIR is filed and statements taken, my understanding is that it then goes to police commissioners office for final approval. CAN it be stopped there as I have some contacts where I can at least meet commissioner and explain the proof and how false the case is.
Thanks
ajay sethi
(Expert) 27 January 2014
1) yes make application for exemption from personal appearance
2)if prima facie case is made out police commissioner wont stop the case
Narendra
(Querist) 27 January 2014
1) What is the use of going to police commissioner if the case cannot be stopped?
2) As per latest HC guideline below at what Juncture we can ask for deletion of our names since our brother stay in diff city and we had virtually no relation for last 10 yrs.?
Extract from url:
http://articles.timesofindia.indiatimes.com/2014-01-22/hyderabad/46461885_1_dowry-harassment-case-dowry-death-investigating-officer
HC gives guidelines on Section 498A
================================
"During the investigation, if the officer is satisfied that there is an undue implication of a person in the case, then he may delete the names of such persons from the chargesheet after obtaining necessary permission from the SP or any other officer of the same rank",
ajay sethi
(Expert) 27 January 2014
please read my answer to your query . if prima facie case is made out in othrer words if strong case is made out commissioner wont stop the case .
if you had no relations with your brother and his wife for 10 years for last 10 years what is the basis of FIR filed against you and your parents. your staements must have been recorded . if cops feel your name is falsely dragged in case then in charge sheet filed your names would be dropped .
Narendra
(Querist) 27 January 2014
Thanks for the answer. What this means is that during recording of statement we can provide proofs and on basis of that can ALSO REQUEST cops to delete the names?
Guest
(Expert) 27 January 2014
Use or no use of going to police commissioner, but mere presumption cannot help you unless you make some effort to establish that you are unrelated to the case. Unlike other criminal cases, in 498a case defendant has to establish his innocense.
Rajendra K Goyal
(Expert) 27 January 2014
Agree with the experts, if name not dropped, move for bail.
Narendra
(Querist) 27 January 2014
Is not living with your brother since almost 14 years, whose wife has filed case NOT ENOUGH PROOF to drop it ?
I will submit my residence proof for that.
Thanks
Dr J C Vashista
(Expert) 28 January 2014
As your brother lives in Pune and your parents live in Mumbai, the options you have after the case is filed since your names are included:-
1) Yes your parents and you can get permanent exemption from attendings
2) After the FIR is filed and statements taken, you are not concerned where the police goes/does. How can it be stopped as it is there internal functioning system.
It is the Court of law to proceed, concentrate and contest.
3.) If you feel very strong and you can prove that the case filed against you is false, move to high court and get the FIR quashed on merit
Narendra
(Querist) 28 January 2014
Thanks you all for your responses.
I think I got what I needed.
Regards
Guest
(Expert) 28 January 2014
You are welcome.
ajay sethi
(Expert) 28 January 2014
thanks for your appreciation
Biswanath Roy
(Expert) 28 January 2014
So far I could understand from your query the complaint u/s. 498A I.P.C is still lying on the table of Police Authority. If it is so, put your effort for collection of the copy of the complaint by utilizing your sources, go through it attentively, if you find that the complainant made an apparently false complaint against you and you have sufficient materials to prove it as a false one, then before sending it to court you immediately file a written complain in the local Police Station following sec.199 IPC AND BY TAKING A RECEIPTED COPY OF YOUR COUNTER COMPLAINT FILE A CASE IN THE CRIMINAL COURT OF JURISDICTION U/S199 I.P.C AGAINST OPPOSITE PARTIES. This counter attack must be fruitful. Engage an EXPERIENCED CRIMINAL LAWYER FOR SUCCESS.
Raj Kumar Makkad
(Expert) 30 January 2014
Well advised by experts so no more to add.
