venkata Peddi (It consultant) 13 October 2015

Challange police charge sheet on 498a

Dear all,

My wife filed 498A and I got bail on the same day when police produced me on court. But later police has produced some lies in charge sheet.

1. As mine is love marraige both side parents not attended and mariage conducted in temple and the temple strustee proved the same and we have submitted photos. Police mentioned same.

1. But police have not done any enquiry and written falls note of witnes. The witness were ready to tell the truth but police has written wrong statement in the charge sheet.

2. The other witnessshe submitted are her mother, grand father and her mothers brother.

Can i challenge on this, please suggest.

How long will court take to ask for submitting witness, as i am in abroad how can i take the case further?

Thanks in advance for your valuable suggestions.

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2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 13 October 2015

The witnesses would be called when the case comes for prosecution witness.

I won't advise on challanging the chargesheet at this time. Rather get the witness statements done. If the witnesses turn hostile, you would be acquitted.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 14 October 2015

I suggest to challenge this to HC in Criminal Appellate Jurisdiction with criminal writ with Indian Evidence Act and produce your evidences (Witness and others) by anybody of your family in-person. Please don’t land Indian this time. It hardly takes 2 – 3 weeks if people appears in-person.

Your first prayer should be quashing, if not granted then 2nd prayer should be speedy trial.

Also please check carefully that whether your marriage is valid as per Section 5 of Hindu Marriage Act (Conditions for a Hindu marriage) or not. If not then submit those also in HC and you also can file annulment of marriage U/s 12 ( c) of Hindu Marriage Act.

Please see my profile links for sample petitions and clues.