Fake 498a case
Manohar Manu
(Querist) 15 August 2016
This query is : Resolved
Hello Legal Team,
I was a victim of 498A case, recently honorable court pleased to dismiss this fake case.
Now my question is how can I teach them lesson for filing this fake case ?
Can I sue Investigation Officer too for filing this case ?
In cross evidence complainant agreed they used higher official influence to file the case. Investigating Officer obeyed his higher official order and did not make proper investigation and submitted the charge sheet.
Now pls advice me, how can I sue them for harassing me and my family members by filing fake case ?
Regards,
Manjunath.
Sudhir Kumar, Advocate
(Expert) 15 August 2016
No clear views can be expressed without seeing all papers.
what your lawyer said.
adv.bharat @ PUNE
(Expert) 15 August 2016
Author need to explain fact of case then we could suggest you legal solution for your problem.
Guest
(Expert) 15 August 2016
Have not you asked these questions to your own lawyer, who fought your case?
To teach lesson, only your lawyer can help, who knew each detail of your case, not the members here, who don't know even ABCD of your case.
Rajendra K Goyal
(Expert) 15 August 2016
The case against you dismissed, enjoy the situation, and move ahead with the life.
Filing case against the IO or complainant may not fetch desired results.
You may discuss merits with your lawyer who is well aware of full case file.
Devajyoti Barman
(Expert) 15 August 2016
You can file case of damages in civil court but no such lies against police officials.
Manohar Manu
(Querist) 15 August 2016
Hello Legal Team,
This is the fact of that fake 498A Case.
I got married in November 2013, after one month of marriage my grand pa transfered his property through gift deed to my mom. The girl whom I had married forced me to take my share and to live separately. I refused it. After some days i.e in the month of January 2014 her parents came and took her home saying if you dont make separate home we will not send our daughter to you. I dint agree to their demand.
After some days, on tuesday 11-02-1014, her parents along with some people came to my home, when me and my brother were outside. They warned my parents if property is divided and separate home is not arranged, they will lodge a dowry case against us and gave 2 days time to my parents. We didnt tell our decision in 2 days and didnot agree for their demand. After 2 days i.e on thursday 13-02-2014 at 6pm, they filed fake 498A case against us.
They have made false allegations in the complaint, that me and my brother didnt allow them inside the home and beat them at 4pm on 11-02-2014. But me and my brother were in a shopping mall at 4pm on that day, which they have mentioned in the compalint. We had purchased items through card and we have that receipt with us, which shows date and time. They also made calls to me and to my brother, at 4.15pm. saying where you people are, we have talked with your parents and tell your decision with in 2 days,
They have made our neighbours as eye witness for this fake case, against whom we had filed FIR 3 years ago.
Hon'ble judge didnot consider our neighbor's witness, as case is pending against them.
Division of property was just a reason, but the fact is she has pre marital affair. That boy belonged to other community, so her parents didn't agree for that. She mentioned that in the cross evidence. She took boy's name too in the statement.
In cross evidence complainant agreed they used higher official influence to file the case.
Considering all these facts, hon'ble judge dismissed the case.
Regards,
Manjunath.
Guest
(Expert) 15 August 2016
Mr. Manjunath,
You have not replied my question, "Have not you asked these questions to your own lawyer, who fought your case?"
Was there any specific reason for that.
