importance of oral allegation in 498a complaint
SATINDER
(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.
Advocate Kappil Cchandna
(Expert) 14 November 2014
Dear,
Try get a discharge on the date of arguments on charge, tell court these charges were not made out.
Kapil chandna adv, 9899011450
Devajyoti Barman
(Expert) 14 November 2014
In 408A case the police submits charge sheet in routine manner or in the manner you have just specified.
Anyway , face trial and come out acquitted.
Discharge is an option but the court generally does not allow this type of application if the prima facie allegation is there in the complaint.
Dr J C Vashista
(Expert) 14 November 2014
Generally complaints u/s 498A IPC and POWADV Act do not have documentary evidence(s).
Donot worry, it is the lady who shall prove the cruelity committed upon her, otherwise her case shall be closed.
SATINDER
(Querist) 14 November 2014
For prima facie case there should be some prove of commission of offence. Mere allegation without any prove of any offence like police complaint, threatening call etc which can be proved by documentary evidence. Without such evidence how can prima facie can be make out and is it possible that without these documentary evidence on mere allegation and routine chargesheet of IO, the court will made an innocent person to suffer without anynreason. It is really frustrating. Moreover the innocent person will be made to suffer for how long is also unpredictable. Actuiltal after 4 -5 years. And no action against woman for such harrasment. Is our courts are blind or it is fate of innocent people in our country. I am facing immense trauma as on every date the girl come with new set of allegations and slowly slowly makingnallegations against other family members and trying to make them party in the case. As a matter of fact there are some evidences which becomes unavailable after aperiod of time like call details, CCTV footage, call locations etc. How to keep those evidences safe till trialmstarts and how to procure them before they become unavailable. Pl. Help as I have lost by peace of mins. I have small kids and the only earning members in my family. If something wrong happens to me, my family will also suffer. I am a govt. Employee and mere arrest of 24 hours is sufficient for my suspension and termination.
Devajyoti Barman
(Expert) 14 November 2014
Mere allegations and statement of witnesses in support it is sufficient for police to submit charge sheet.
In 498A cases the crime mostly happens within the four corners of wall and Police does not carry out investigation standards of a crime of murder .
SATINDER
(Querist) 14 November 2014
Statement of parents of complainant wife is sufficient? Is it mandatory for IO to also record statement of witnesses I.e neigbours of husband place, which is the place of offence. Specially when a list of hose neigbhours with their contac details along with their statement is provided at the stage of mediation before CAW cell as a defence reply by husband.
Against me allegation of physical assault and written police compalint is made, apart this regular visit to complainant matrimonial home to harass her and threatening call allegation is made. ALL ALLEGATION ARE WRONG. THERE WAS NO INCIDENT HAPPEN. NO WRITTEN OR VERBAL POLICE COMPLAINT ME. INFORMATION ALREADY OBTAINED THROUGH RTI. NEVER VISIT WIFE. NEVER MADE ANY THREATENING CALL OR GENERAL CALLS. MY CALL RECORD CAN PROVE THIS. NO CALL DETAIL OF COMPLAINT WILL BE AVAILABLE AS NEVER MADE ANY CALLS. HAVE EVERY PROVE OF IT. CAN PROVE THAT AT ANY GIVEN DATE AND TIME I WAS NOT AT HER MATRINONIAL HOME. HOWEVER NO INFORMATION I.E CALL DETAIL OR DATE AND TIME OF MY VISIT OR CALL IS PROVIDED IN CHARGESHEET.
IS THIS HELP ME AT THE TIME OF ARGUMENT ON CHARGES. MAKING QUERY TO PREPARE MYSELF FOR MY CASE. DONOT WANT TO COMPLETELY DEPEND ON MY ADVOCATE AS HE ALSO HAVE SOME CASES AND CANNOT SPARE MUCH TIME TO MY QUERIES AS AND WHEN IT COMES IN MY MIND. TAKING HELP FROM THIS FORUM WHICH I BELIEVE IS REALLY A GREAT ADVANTAGE FOR PEOPLE LIKE US WHO ARE UNAWARE OF LAW AND ITS PROCEDURE. LEARNING STAGE FOR ME. HOPE EXPERT WILL UNDERSTAND MY STATE OF MIND AND FEAR AND WILL NOT MIND IF I MAKE FREQUENT QUERY. MANY THANKS IN ADVANCE. I AM HIGHLY OBLIGED FOR HELP AND ADVICE PROVIDED TO ME.
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
You have been sufficiently advised,hope this should help understand the situation and how to defend yourself as well.
