Fake 498a case against me; i have evidence for the same.
Anonymous
(Querist) 25 August 2015
This query is : Resolved
My wife's father who is a criminal lawyer filed a fake 498a and DV case against my family members, relatives and myself in 2012. We have suffered a lot of losses in terms of respect in society, money, death of grandma due to my wife's kick on her stomach, etc in the last 3+ years but legally the case only got worse due to my father in law's influence.
Recently my wife started phone calling my mother and started talking to her to understand what we are going to do since we are all going to be sent to jail because of this false case. However thankfully we have been recording the conversations with her and at several intervals she has stated that it was a fake case to scare us, etc. On the call, mom has narrated the incidents that actually took place and my wife confirmed that - yes that is all true and what they have filed is a fake case/instances to the court and she cant do anything now but witness us all go to jail.
Someone please help us get justice against this false 498a and several other criminal cases by them. Does this phone call recording hold value in fighting the case further? How should we proceed as our lawyer also does not seem to help us whole-heartedly since they are colleagues. Please help!
SAINATH DEVALLA
(Expert) 25 August 2015
Every lawyer is a colleague to each other in the Bar ASSn,but in the court hall they are opponents.If a lawyer is not able to do justice to his client,then he has no right to continue in the profession. Just because UR FIL is an influential criminal lawyer,everyday is not his day.Hence don't get frustrated .Change the lawyer immediately for a good competent lawyer.
Yes the recordings hold good only if the voice is proved in the court.
Anonymous
(Querist) 25 August 2015
Thanks a lot for the moral support Sainath Devalla.
We have been frustrated since the current lawyer has been eating up a lot of our hard earned money and has now come up with a new idea stating that he needs bulk sum of amount so that he can bribe the JUDGE! Which seems very disturbing to normal citizens like us.
However the recordings in that case is a good proof since it is definitely her own voice and would be proven easily in the court as it is a clear line as well.
Any more suggestions are kindly welcome.
Adv. Yogesh V Nayyar
(Expert) 25 August 2015
If you have evidence in the form of recording the same has to be analysed that there is no tampering. The same has to be produced before court with a certificate of Central Lab and by virtue of which you can produced the same in court and cross examine the complainant/witness.
Anonymous
(Querist) 25 August 2015
Noted. Thank you Adv. Yogesh V Nayyar
K.S.Srinivas
(Expert) 26 August 2015
If do not have faith in you lawyer, then you can change the lawyer.
Anonymous
(Querist) 26 August 2015
Thank you for the suggestion Mr Srinivas. We are intending to change the lawyer immediately.
However I wanted to know if the phone recording holds value in proving our innocence. Which has been confirmed by a YES by the respected respondents earlier.
So to make it legally acceptable, I understand that we need to get a certificate from Central Labs. Hope that is good enough. Thanks.
seshadri dubey
(Expert) 28 August 2015
if you file the recordings in your defence then you have to file the chip or the micro sd card alongwith it.
and the conversations are subject to the proof, it needed to be established in the court properly.
