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kishun kumar (Tax consultants)     02 August 2012

Case of 498a

Dear Sirs

 

I alongwith my whole family (father, mother, & sister) has been falsely made accused in a complaint case filed be my aunty i.e. uncle’s wife under 498 A and dowry act in 1999. We knew about the case after the cognizance. Petitioner's husband and another uncle has also been made accused. Some neighbors’ alongwith his families were also made accused. Petitioner made us accused just to put the social pressure on her husband and on consipiracy of some co-villagers. We and all other Co-accused have got anticipatory bail form the high court. Main accused i.e. petitioner's husband also got regular bail after spending approx 03 months in jail. My father is four brothers and all are orally separated. There are also some factual mistakes in the case like the year of marriage etc. They repeatedly stated that marriage took place in 1997 but the marriage was in 1991. There is name of my aunty in voter list of 1993 with her husband’s name.

 

The case is pending since 12 years in the lower court. At present the case is at framing of charge. Reason of so long pendency is mainly due to my advocate went in the revision against an order of SDJM where in he has allowed the prayer of advocate of the complainant to grant one more chance to produce the witness though the cased was fixed for framing of charge after closing the evidence before the charge of  the complainant. Actually in the court of SDJM during the proceeding of charge before witness, witness did not appeared before the court after several date fixed by the court, then the court closed the “witness before charge” in 2002 after giving more than 13 dates. On the next date the witness was again not present but the petitioner's lawyer presented an application stating that the witness will be present on next date.

 

I am a government servant. I and my sister were unmarried at the time of the filing of this case. My sister was also minor at that time. I did not intimate regarding this in my office. The case was filed before my appointment and at the time of appointment i did not informed the department due to fear and defame. 

 In December 2011, our revision petition dismissed, and then we went to High court for quashing and against the dismissal of the revision application but the same is pending for admission. Another side the case is still going on in the lower court, witness before charge completed, we filed discharge petition the same has also been rejected and finally the framing of charge has been fixed on the next date.

All the witness are from the “Mayka i.e. Naiher” village of petitioner i.e. my aunty, no witness is from my village. Pl. suggest me for further action and also can we file a case against the petitioner for making false statement in the court regarding year of marriage?. I have made all the efforts to compromise but failed. Pl. Guide me.



Learning

 5 Replies

Sudhir Kumar, Advocate (Advocate)     15 August 2012

You said that "

I am a government servant. I and my sister were unmarried at the time of the filing of this case. My sister was also minor at that time. I did not intimate regarding this in my office. The case was filed before my appointment and at the time of appointment i did not informed the department due to fear and defame. "

 

Sorry to say.  you have committed a misconduct of non-reporting of bail to the department and liable for disciplinary action evne if you are acquitted.

 

 

You have held material information at the time of appointment this is also a reason for initiation of Disciplinary action avainst you.  I believe your opponents are rustics who do not know service matters or else they would hve got you fixed indepttl case.

kishun kumar (Tax consultants)     15 August 2012

Thank for reply.

In this false case nothing is to pay me in addition to defamation. Due to fear of defamation i did not  disclose it since i am fully confident about acquittal. However, What consequences i have to face?

kishun kumar (Tax consultants)     15 August 2012

after departmental action if any initiated unfortunatly? 

Sudhir Kumar, Advocate (Advocate)     02 September 2012

The Govtinstructions are :-

It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail.  On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension.  Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.

[MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955]

In your case you have obtained job by hiding information.


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