498a
R. K. Bakshi
(Querist) 12 June 2013
This query is : Resolved
Dear Mr. Makkad,
You are absolutly correct that as complaints were rejected by Panchkula and Mohali police, no FIR was registered. I have certified copies of the complaint and the closure reports procured thro' RTI, and will request Chandigarh police to initiate action under 182 cpc by providing the aquired documents. Please suggest if I need help of a lawyer to approach Chandigarh police or my own complaint is enough for police to take action? Normally, is police bound to take action in such matters or it is their discresion.
Your valuable advise has infused a lease of life and I resolve to do something for the Gen next and people like you contribute maxmimum and your effort is commendable. My heartiest thanks to you and other experts
ajay sethi
(Expert) 12 June 2013
please post your queries in same thread
Raj Kumar Makkad
(Expert) 12 June 2013
Thanks a lot for your appreciation.
You need not appoint lawyer for the purpose of putting you version before the police in Mahila Cell. Police is bound to take into consideration the relevant facts associated with the matter in dispute especially the previous written conciliation efforts and closure reports of police of two different States.
The case under section 182 of IPC is required to be lodged against that lady and not CPC as you posted.
Raj Kumar Makkad
(Expert) 12 June 2013
Section 182 in The Indian Penal Code, 1860
182. 4[ False information, with intent to cause public servant to use his lawful power to the injury of another person.-- Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant-
(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Raj Kumar Makkad
(Expert) 12 June 2013
Illustrations
(a) A informs a Magistrate that Z, a police- officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section.
(b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z' s premises, attended with annoyance to Z. A has committed the offence defined in this section.
(c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section.]
R. K. Bakshi
(Querist) 22 June 2013
Dear Makkad ji,
In the complaints with police and also in trial court, father of my daughter in law has claimed that he has spent Rs. 23 lakh ( at some place this figure is Rs 21 lakh)at the time of marriage. He is a govt. official and his claim is absolutly false. Can we approach IT dept. for tax evasion petetion by providing certified copies of his complaints? Will IT office entertain such request? From where I can have draft of petetion? Kinsly suggest. Regards
