Matter at cognizance point-advice needed
498A-filed
(Querist) 06 July 2014
This query is : Resolved
Dear Experts,
My 420 ipc case read with 138 NI against my wife is at cognizance point. Argument under 204 crpc has taken place and I am awaiting the order. I read the 200 crpc & 202 crpc statements. To my surprise, the magistrate has made several errors in recording the statements and also purposely not written many things which i said or other witnesses disposed. All of us mentioned about her parents role but the judge chose not to write anything about them.
My questions are:
1.Whether I can protest against this or not?
2.The complaint clearly mentions the role of her parents in the cheating. Can the magistrate exclude them from this case even though specific & substantial allegations are there against them?
3.After taking bail my wife will file for 205 crpc on false grounds. Do I get the option to contest this or not? I do not want her to take permanent exemption and delay the case.
Kuummaar AS
(Expert) 06 July 2014
WERE RECORDED STATEMENTS SIGNED BY CONCERNED INDIVIDUALS?
Devajyoti Barman
(Expert) 06 July 2014
1. You can apply for re-examination if something is left out subject to discretion of court especially when the witnesses have signed the statements.
2. You can put opposition to their prayer for exemption u/s 205 crpc.
Rajendra K Goyal
(Expert) 06 July 2014
While statement was recorded, have the deposing person read the same before signing it? what your lawyer was doing and did not pointed out at the same time ? Prey the court for re-examination.
498A-filed
(Querist) 06 July 2014
We signed it without reading as we trusted the magistrate. Our lawyer did not say a word about reading the statement before signing it. We thought the magistrate will record whatever we say correctly word by word. But it was just 25% of what we said and that too with some mistakes.
For eg. Magistrate asked my mother whether there was any differences between me & my wife. My mother said she never saw anything. They used to live happily. But the magistrate wrote that my wife left because of some fight between us.
The same question was put to me by the magistrate. I also gave the same reply but I was more articulate. The magistrate recorded my statement correctly. Now the problem is that both the statements are contradictory and it can adversely effect my case. My lawyer is saying that nothing can be done now. But i will protest and get the mistakes corrected.
