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sanjeev kumar (govt employee)     17 December 2011

498a

D/Members,

i and my family are 498a sufferer.When we are charged with 498a and 406 by the court,after that no statements were given by the witnesses.I have come to know that witnesses are must after "charge".My counseller cross examined on the pre-chrge evidences.Some say that judge can dismiss the case on this ground that no statements were made by the witnesses after "charge".I am a lay man and have no knowledge about law.Could anybody guide me in this matter.



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 December 2011

No it cannot be dismissed only the basis that statements are not given by the wittnesses, trial has to complete.

Pidit Pati (False 498a Victim)     18 December 2011

Police write some names and produce statements based on the alligations. During the time of trial, the witnesses say that they have never made such statements. This is the reason sometimes there are no signatures of witness on the statements. My friend, do not panic. If you have knowledge, it will show confidence on your face. By this you have half won. After that just defend yourself with solid evidences. I suggest go through the trial and do not think of dismiss or something - it never happens practically unless higher court quashes it.


(Guest)

During framing of the charge....you can file an application u/s 239 of the CrPC..it means that you are raising the objections on the charge...

 

At this stage the case can be dismissed, if  and only if ..the allegations in the Charge sheet or the statements u/s 161 of the CrPC( statements to the police by your wife and others which constitute the offence)..do not constitute and offence u/s 498A, 406..else the trial will continue...

 

Remember, Chargesheet and statements u.s 161 cannot be called as evidence...only when the witnesses are called into the witness box and they speak there, it will consitute an evidence after cross examination...

 

So, wait. If your witnesses do not come for evidence, the case will go in your favor..so do not panic..relax

 

Gautam

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     16 March 2012

498 cases 98% are aquitted, but one has to face trial 

rajiv_lodha (zz)     16 March 2012

ONLY WAY OUT IS TROUGH

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