Fresh complaint after 2 cases of 498a
Rahul
(Querist) 02 August 2016
This query is : Resolved
My wife is not living with me for the last 1 year after filing second case of 498a. I am on bail in both the cases filed in different districts of Bihar. Now she has approached Police station of third district complaining I have been threatening her to kill and other allegations, where no proof has been provided to the police.
Please advise if police can register case under 498a and IT Act.
dr g balakrishnan
(Expert) 02 August 2016
no need of proof just statements if stated in FIR , that works, after all criminal case is always a state case not individuals, so apprehension also works sir.
Kumar Doab
(Expert) 02 August 2016
Slew of cases are being filed.
Engage a very able counsel.
Devajyoti Barman
(Expert) 03 August 2016
Please note that 498A case can be filed only once .
However the case registered case on other offences including under IT Act if there is such ingredient.
Rahul
(Querist) 03 August 2016
@Barman sir, in Bihar I have witnesses instance of multiple 498a. My opp party has been doing the same by choosing a different location every time. Now that she is not living with me she has alleged I have been threatening her through FB and WhatsApp. In her complaint she has not presented any evidence my text or message to her.
Is it sufficient ground to file 498a? If 498a is filed, can I file writ for malicious prosecution?
Rahul
(Querist) 03 August 2016
@Barman sir, in Bihar I have witnesses instance of multiple 498a. My opp party has been doing the same by choosing a different location every time. Now that she is not living with me she has alleged I have been threatening her through FB and WhatsApp. In her complaint she has not presented any evidence my text or message to her.
Is it sufficient ground to file 498a? If 498a is filed, can I file writ for malicious prosecution?
Devajyoti Barman
(Expert) 03 August 2016
Go for quashing. The subsequent cases would surely be quashed.
adv.bharat @ PUNE
(Expert) 03 August 2016
Nothing to be added.
expert have explain every thing .
Rajendra K Goyal
(Expert) 03 August 2016
Agree with the expert Devajyoti Barman.
