498a the role of I/O

@Author

 

It would not help you but would be disasterous for the I/O himself.

 

If he did not investigated, it does not mean you could walk free after committing any crime. May be in your case you have been falsely implicated but the statement of I/O would nt help you in anyway.

 

BUT, if the I/O says that he did not found anything after proper investigation, then it's in your favor.

 

//peace

/Saurabh..V

sourabh sir,

at that circumstances can we aproch to the court that as anything  not happen so the investigation is going nothing.

as my wife made  one of the charges that ''i admittet to the hospital after attempt of sucide".

thair is no invastigation to hospital nor mlc(because no incidance happen) submitted to the court.

Without investigation how come he filed charge sheet?  it is good for you.

Without investigation how come he filed charge sheet?  it is good for you.

He is saying so now, would he say so on oath. NO.

Don't be delusionist. Fight your case on merits.

Better to file the RTI asking for Case Dairies... Else approach the High Court with 482 CrPC petition saying that I.O failed to get evidence in support of the crime from crime place which is possible considering that the alleged allegations are true.... even the wife accepted the investigation report of the IO and did not protest it saying that investigation is improper hence this case trail will not lead any out come hence case is liable to be quashed... etc...

Siv,

 

482 has to be filed with great care, most of the time if it is filed, it is sheer wastage of time and money. Even the territorial jurisdiction ground is no guarantee of success.

 

Only file for quash if there is sufficient ground.

 

Dear Rathgir,

 

Concentrate on merits of the case.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Dear Shonee, Jurisdiction of the criminal case (498A) is very important but may not be important in other type of cases as described below and its need to be highlighted in the High COurt during the argument.... The incidents happened in the jurisdiction of the other area.... the possible witnesses are from the jurisdiction of the Husband place... the witnesses those are from the Husband place will not turnup to the wife place and husband has to defence the case with difficulty... the witnesses from wife place are only hearsay witnesses and are having no credible... Husband can not come to defend the case at wife place and is difficult to interact with the police to get evidence and to defend the husband case which is allegedly happened in the jurisdiction of the Husband place. (Better to file RTIs to police and court seeking information, definetely police and court do not respond to the RTIs, thenmake complaints against the police and court to Information Commission, then show these things to the High Court and tell that its difficult to figh the casea arised from the criminal case in another jurisdiction ....

Hi All, Wife filed 498A in Hyderabad then Husband filed money extortion against the wife at Bangalore. Wife went to Supreme Court saying that wife lives in Hyderabad and transfer the case to Hyderabad but Supreme COurt said its criminal case no transfer unless jurisdiction is applicable.

Sir,

 

Suffice to say, what I have stated has same force as you have stated.

 

Mere falsity is no ground for quash, read some PM  which I sent you, you would agree with me more. I don't post such things here, it scares some and give ideas to others :-)

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Mr Shonee

 

I have been reading your replies to the members off & on.

 

I also came to know of your case in a newspaper artcile,psted by a "grand" member here.I am sorry to know of your plight.

 

Despite facing so many problems in life,I have been observing your helpful nature, and also that you speak with a lot of sincerity and gentleness towards others;even towards females.

 

While some males of LCI stoop down to very low levels and use foul language because of the litigation related problems they are currently encountering,you maintain utmost refinedness & dignity.You never vent out your frustrations publically here on LCI.This is the biggest virtue,which many of us are lacking in.

 

Hats off to your politeness and decency here..Keep it up!

Shonee, If the most of the alleged allegations that are happened in the jurisdiction of the husband has no evidence at husband place then the facts are not believable and the proceedings won't result anything hence the 498A case may be quashed... if jurisdiction is not applicable then case may be transferred but can not be quashed.... The investigation agesncy shall submi the evidecne that support the alleged allegation directly or at least the circumstances else the criminal case trail wont result any results hence the case is liable to be quashed. I agree with you.

Thanks for the kind words Princess,

 

Just because someone is rude to me, is not reason enough for me to forget my manners.

 

Warm Regards, my friend and thanks once again

 

Shonee Kapoor

harassed.by.498a@gmail.com