u/s 41(a) cr.p.c to co operate with the investigation,false case filed by daugher-in-law
VISHNUMURTHY CHADALAWADA
(Querist) 16 September 2015
This query is : Resolved
Sir, My Daughter-in-law has filed a false case against me and wife and son U/S 498A and 406 on 4-5-2015. my son is presently working on deputation in U.K from TCS chennai( before filing case before police) left in the month of 2/2015. I have attended five times before police after filing complaint before police. My daughter in Law's parents have demanded 10.5 lakh for Mutual Divorce consent fabricated a MOu by force and obtained signatures fradulently on MoU and black mailing,cheating,misleading facts before police,I have written 4 leters to my daughter in law and their parents.they have acknowledged two and two returned, not claimed I brought to her notice above MoU and others .They have involved and cheated while drafting MOU, but I have not paid any amount till date.We are govt employees and edge of retirement. The locker key held my daughter in law and my son is lost. There are jewellery and gold items and documents of daughter in law and my son.The issue is pending before for break open the locke by the Manager , settle the 498 a and 406 accordingly notice sent to bank and daugher in law . I decided not to cooperate with bank authority and daughter in law in breake open the locker. Now Police has asked to attend for investigation within three days with ID and passport size photos. every letter addressed to my daughter-in-law,a copy was marked and submitted to the concerned police, and bank manager also. My wife attended before police on 6-9-2015 and myself on 7-9-2015 and both furnished under taking before police. the police has filed FIR on 24-09-2015. The police is going to investigate the above case after they may file chargesheet. Kidly do need full in this mental agony issue-vishnu Murthy
P. Venu
(Expert) 17 September 2015
"Mutual Divorce consent fabricated a MOu by force and obtained signatures fradulently on MoU"; how this happened?
Sudhir Kumar, Advocate
(Expert) 17 September 2015
I will further add that
In whose name the locker is?
Who lost the key?
Why your cooperation is needed?
Why do you want not to cooperate opening of locker knowing that jewellery is there in the locker held by your DIL? Are you interested in proving charges under section 406 IPC against you and your wife at the verge or retirement and lose terminal benefits of both?
10.5 for mutual divorce? I understand that the cost of defending criminal cases against all three of you will be slightly less of slightly more than this. But what about the stress, humiliation, loss of career? What about freezing of terminal benefits of both of you till finalisation of case (which may take years)? What about danger to your son for leaving career abroad to languish in Jail for some days in India?
Please also note that dowry demand (true/false) allegations are (other than criminal misconduct) is also professional misconduct for govt servant even if no criminal case is filed deptt can issue chargesheet to an employee. Even if criminal case is filed deptt is not bound to wait for the outcome and take a decision.
Please also note that custody beyond 48 hours (charges being true /false or no charges) is deemed suspension for Govt Servant and a valid reasons (rather compulsion) for deptt to stop terminal benefits (except GPF).
Rajendra K Goyal
(Expert) 17 September 2015
Repeated:
http://www.lawyersclubindia.com/experts/Investigation-by-police-notice-u-s-41-a-cr-p-c-false-case-filed-by-daughter-in-law-u-s-498a-and-40-558471.asp#.VfqryXCqqko
Please post any further question on the query in the same thread.
