Hello, My trial in 498A filed in 2014 started on 19.03.2018. While my Wife's statement (First Witness) was being recorded, the Assistant Public Prosecutor for confirmation of the complaint showed the copy of complaint/petition to my wife and asked her to confirm her signature on the same. These was some discussion going on then between my lawyer and the Assistant Public Prosecutor. The copy of the complaint/Petition was then checked by the Magistrate. The isue was .... there was no signature on the complaint/petition by the Complainant in the document. And the signature where she was to sign ... there was a signature... but she said it was not hers.... also the witness statement had no signatures against them... This fact was noted in my wifes statement by the magistrate... and then the statement under oath of my wife was completed by the magistrate... next date is on 04.06.2018
My question is :
1.is this complaint maintainable as she could not recognize her signature and there are no witness signature against their statement.
2. My lawyer says... it is a valid point....but the issue can be raised only on completion of trial... he also said it was a mistake on part of the court/police officials for not checking the document before filing it in the court...I need to know ... whether what my lawyer states ... is it true in legal parlance
3. What is the remedy for me? Should I wait for completion of trial ?
Please suggest suitable course of action.
Thanking all forum members in advance.
