A false 498 – a case

Querist : Anonymous (Querist) 18 January 2012 This query is : Resolved
In an absolutely false 498 – A case the Chief Judicial Magistrate (CJM) denied the bail of accused by stating (in order) that –“since there is sufficient incriminating material against the accused...”

The incriminating material before the magistrate as per knowledge of accused are–

(i) The FIR filed by the complainant.

(ii) The statement of the complainant u/s 164 of CrPC in which she almost repeated the fabricated story of FIR.

(iii) And the police case diary (which has been managed by the complainant)

Queries:-

1. Whether the said materials (which are although false and fabricated) make the case a PRIMA FACIE case?

2. Is there any chance to quash the instance case u/s 482 of CrPC?

3. Up to what stage the instance case can stand with these fabricated materials?

4. How best the accused can deal with this case (I mean list of remedies available to the accused to get rid of this absolutely false and fabricated case?

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Shonee Kapoor (Expert) 18 January 2012
First get bail from court of sessions.

Also quashing happens on certain legal grounds only. Discuss with an effective lawyer whether enough grounds exist in your FIR.

Most of the time filing quash is waste of time and money.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 18 January 2012
1. Yes
2. No
3. Till the verdict is passed.
4. Make counter attack.

Raj Kumar Makkad (Expert) 18 January 2012
The material produced before the court is sufficient for prima-facie case against you and you can rebut the witnesses only when they come for their evidence and the material on file do not bring confidence to file quashing petition.

Querist : Anonymous (Querist) 19 January 2012
To shri Burman

4. Make counter attack.

Q: - How to counter attack? Suggest a suitable procedure for it!

Sudhir Kumar, Advocate Online

(Expert) 19 January 2012
The information given by you is so skecthy that leave alone Mr Burman even Bramha cannot advise the legal way of counter attack. The facts of the case (known to you alone) indicate where other party is guilty.

Querist : Anonymous (Querist) 22 January 2012
When and what legal counter attack can be done against the wife about her false statement on oath u/s 164 of CrPC in connection with a case of 498 - A?

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