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raaju   14 August 2016

False 498a

false 498a  504 506 406 341 323  3/4 ...has been filed by wife. All my family ( two brothers and their wives )members have been named. no one lived with her after marriage except me and 77yrs old father and 72 tears old mother. I want to know how and why innocent people are been chargheeted even nothing has been investigated . Even i showed proofs of my wife being in relation with some other guy . pls suggest me how to convince the police that everybody is innocent and not to forwrd the case to the court  as it is a false case .



Learning

 27 Replies

Pawan S (Advocate)     14 August 2016

This is the same story that many families are facing today. No need to convince anything to police.

You will get ample time for the clarifications or to show  the evidences, in the trial  itself.

adv.bharat @ PUNE (Lawyer)     14 August 2016

Defend the case on merit nothing to be framed false.

As police had to make investigation and prepare the report then only case is filed.

For that you need to have petions.

If u like my suggesation then give THANKS .

1 Like

raaju   14 August 2016

Thanks to your replies Ekta and Bharat .

But  I /O IS Saying investigation is over and  chargesheet will be filed on all accused.  I want to know what she is going to write  when no investigation has been done .....no one has been called for interrogation. Moreover bail got from police station under crpc41A. 

Vibha   14 August 2016

  1. Eyewash investigation by police is routine. They are happy to take bribe and file one sided report. Defects in investigation will help you at trial stage. 
  2. You will get copy of chargesheet when it is filed. 
  3. False case will not withstand trial. You will get opportunity to argue all your points in court.
1 Like

raaju   14 August 2016

can i get bail from court after chargesheet is filed ? . Me and family members have been given bail from police station under crpc 41A

MAHIDEEP SINGH   15 August 2016

Mentioning abt ex.mart. affair may some how make their case stong!!!

MAHIDEEP SINGH   15 August 2016

Mentioning abt ex.mart. affair may some how make their case stong!!!

Vibha   15 August 2016

  1. CrPC 41a has nothing to do with bail. Contact local lawyer to discuss details. Bail application may not be needed in your case. You need bail only if IO gets permission from senior officer to arrest you for custodial interrogation. Arrest permission is given only in rare cases nowadays in family dispute.

raaju   15 August 2016

can i go for quashing of FIR in high court  ....since i have audio recordings in which she is confessing of having boyfriend and enjoying vulgar talks with someone else 

Vibha   15 August 2016

  1. A lawyer will need to study FIR and chargesheet in detail to decide about quashing. Quashing is based on what allegations are made, HC cannot go into evidence like recordings to decide quash petition. 
1 Like

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     15 August 2016

Every body rushes for quash and one in a thousand cases suceed.

 

Your audio recording can boomrng on you.Since other side or even court ay ask for other talks and even call the person and it will spil more beans than you expect.

 

Fight the case in lower court properly and you can come out  of  it easily.

raaju   15 August 2016

can i use the audio recordings in defence during trial ?

Sudhir Kumar, Advocate (Advocate)     15 August 2016

Originally posted by : MAHIDEEP SINGH
Mentioning abt ex.mart. affair may some how make their case stong!!!

Notr able to agree.

 

This issue could help him in divorce if affair is after marriage and he has proof. Actually a husband has no right to beat/torture/intimidate his wife if she is having an affair. No criminal immunity is there.

1 Like

raaju   15 August 2016

In the FIR she has written that all of us locked her in a room and were planning to kill her by pouring kerosene on her at midnight. but she managed to escape. NO DATE NO TIME of the offence ....nothing mentioned in the FIR by her. Actually only my mother was at home when she left the house silently and nobody else was there .  All the accused  including me were not in the city.  but still IO is saying everybody will be chargesheeted. please suggest me on the loopholes of the FIR  and how to deal such FALSE case ?


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