LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MANU NEETHI (Consultant)     13 August 2012

Advocate - counsel - (498a)- requested

Dear all,

 

Please advice, before filing FIR, whether the Investigation officer should verify the address/resident proof of the complinant or not?

Is it genuine, if the 498(A) initiated by the Police, after completion of 10 years marriage life, based on the compliant by women?

Witnesses produced for 498(A) are the blood relative of the women is acceptable before the court or not?

vm



Learning

 1 Replies

stanley (Freedom)     14 August 2012

FIR is first information report. and what ever the complaint says is noted down . 498 A can be filed anytime and i dont think so there is any time limit . The mere fact that witnesses are interested is no ground for throwing out their evidence overboard. All that is necessary is that in such cases, the evidence of the witnesses should be examined with caution and, having done that, if the court feels that the evidence does not suffer from any other legal or factual infirmity, there is no reason to distrust the evidence of such a witness be it a relative . The evidence of an interested witness is not like the evidence of an approver which would need corroboration and the rule of caution cannot be confirmed in a straitjacket.  But the  Court’s can  reject the evidence of witness on the sole ground that they were interested(  A Relative )  and did not enter into the intrinsic merits of their evidence. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register