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amrik.mehra (officer)     09 September 2014

Fake 498a

In my case. In their first enquiry Police had given clean chit to me and all my family memebrs. (Copy is available with me).They requested for reinvestigation and managed the police. Police registered a FIR against me only and again gave clean chit to my parents, brother and sister.

She moved an application under section 319 for summoning to my other family mambers. The court turned down her request again.

The investigation Officer from CAW cell who has reinvestigated the matter has not appeared in the court to record his statement. Clerks etc from Police department have recorded their statement.

Is it compulsory to attend the investigation officer who has conducted the enquiry and have mentioned in his repot that Police has found proof again me to record his statement in the court.

 

Now the court has asked  for defence.  I have following proofs with me :

 

LIC policy - Nomination in the name of my wife

Credit Card - In my wifes name. ( My wife was not working)

Mediclaim card - In my wifes name

Provident Statement - 100% share in my wifes name.

Medical bills

Gold bills which I have presented to her.

Please advice

 

 



Learning

 3 Replies

Ashok, Advocate (Lawyer at Delhi)     10 September 2014

Though usually the Investigating Officer is examined in the court during trial, it is not mandatory. However, generally speaking, if the I.O. is not examined during trial, it will be harming the prosecution case more. As regards the proof of the prosecution case, it has to be proved by other witnesses or documents; and I.O. is generally not a direct witness to the incident.

 

 

The details mentioned by you can be used for the purpose of your valid defence. These will show that you cared for your wife and looked after her well. However, you should also provide defence to the direct charges of cruelty or harassment that might have been proved against you, such as including any incident of beating or causing any physical injury, etc., if any.

AS   10 September 2014

Talk to lawyer , I dont understand your defence at all and things you giving in defence does not make sense to me.

LIC policpy - Nomination in the name of my wife

Credit Card - In my wifes name. ( My wife was not working)

Mediclaim card - In my wifes name

Provident Statement - 100% share in my wifes name.

Medical bills

Gold bills which I have presented to her

 

Listen its criminal case , and based on her FIR and 161 statement and then cross , your lawyer has to break the case.

what are sections on you ....

Dont mind or consider me harsh , please have a good lawyer and fight case because your post shows that you have lack of necessary knowledge ....

You can always ask questions in forms but for you having good lawyer is must.


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