importance of complainant oral allegations in 498A cases
Querist :
Anonymous
(Querist) 13 November 2014
This query is : Resolved
My cousin's brother' wife has filed DV complaint and 498A against her husband, in laws and also against me. Her allegations are oral and routine in nature without any documentary proof. She alleged about physical assault by her husband, in laws and also by me. Thereafter making compalint 100 and written complaint to police. Till date documentary evidence i.e police diary report or written complaint filed after a lapse of almost more than 2 years. FIR is registered u_s 498, 406, 34 and IO filed chargesheet against us without diaclosing any material evidence against us except statement u_s 161. In fact her all allehations are never happened and does not exist. I am surprise as to how the IO has filed chargesgeet for those offences which actually never exist at all. Matter is listed for scrutiny of document and argument on charges. IO also wrongly mentioned my residential address as the address of her husband.
My query - remedy available for me. I have RTI information provided by police saying that no incidence as alleged by that girl had ever happened, no 100 no. Call and no written complaint against me.
Devajyoti Barman
(Expert) 13 November 2014
sorry, anonymous query is not replied here.
Querist :
Anonymous
(Querist) 13 November 2014
Sorry for posting my querry as anonymous. By mistake as using mobile phone.mMy cousin's brother' wife has filed DV complaint and 498A against her husband, in laws and also against me. Her allegations are oral and routine in nature without any documentary proof. She alleged about physical assault by her husband, in laws and also by me. Thereafter making compalint 100 and written complaint to police. Till date documentary evidence i.e police diary report or written complaint filed after a lapse of almost more than 2 years. FIR is registered u_s 498, 406, 34 and IO filed chargesheet against us without diaclosing any material evidence against us except statement u_s 161. In fact her all allehations are never happened and does not exist. I am surprise as to how the IO has filed chargesgeet for those offences which actually never exist at all. Matter is listed for scrutiny of document and argument on charges. IO also wrongly mentioned my residential address as the address of her husband. My query - remedy available for me. I have RTI information provided by police saying that no incidence as alleged by that girl had ever happened, no 100 no. Call and no written complaint against me.
Devajyoti Barman
(Expert) 14 November 2014
Check my reply in your another post where you have disclosed your identity.
Rajendra K Goyal
(Expert) 14 November 2014
Anonymous and repeated query:
http://www.lawyersclubindia.com/experts/importance-of-complainant-oral-allegations-in-498A-cases-507296.asp#.VGWBY_mUen1
ajay sethi
(Expert) 14 November 2014
anonymous query
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
