OneHelpLessHusband (SELF) 15 October 2010

False 307 - How to address it in court

Hi,

My wife has filed a 307 case against me and i am currently on bail (AB). Fir copy says that I have beaten her and then put socks in her mouth to suffocate her and that the intent of my action was that she was to take back the 498A.

She is good actor and with her criminal family was even able to convince the PS that she is the "ABLA NAREE" as her family knows all of the ways to polish your criminal complaints.

She has already filed a 498A case last year and the charge sheet had been submitted for 498A and the new FIR she has clubbed the 498A togther.

Question

1. What is the best way to address 307 case?

2. Police stations cops are threatening me of dire consequences since wife has used all media possible to discredit me (went live on local TV, newspaper etc). Till now, IO has not taken my statement but he calls me regularly and makes me wait for hours at PS affecting my office work. How can i eliminate all of the usual Police treatment. Unfortunately, my current lawyer is not very street smart or just not capable of handling Police. His standard logic is that we will handle this in trial.

Regards,

AnotherVictim

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4 Replies

(Guest)

Its a case of two way extortion .Wife on one hand and cops on the other. Record cop conversations. After that tell them to lodge the FIR. Prior to that get anticipatory bail.

(Guest)

307 won't hhold. Make your wife strip for examining injury marks with a magnifying glass. After the strip tease Act and with no constant beating proof and with no injury marks she'll lose the case. You need a very smart lawyer to teach her lesson.

sachin sethi (Advocate (Crimial Law)) 16 October 2010

in this case 307 IPC will be deleted at the time of framing charges in the trial court, as prima facie the offence alleged by your wife do not attract the ingredients of section 307 IPC.

your 2nd question is still unclear, as you have not mentioned that if the cops are calling you by sending any written notice to you as per the provisions of Cr.P.C. or they are verbly asking you to come to the P.S. if they have sent you any written notices collect them all and file a petition to the higher officials of police department, against cops and your wife to the effect that they are harassing you on the pretext of investigation. if they summoned you verbly in the P.S. then from next time onwards you may record conversation with the investigating officer and use the same as evidence in the aforementioned petition. but you have to try to trap Investigator to bring forward his real intentions. after that you may proceed to high court under in a petition for safeguarding your life and liberty as envisaged in constitution on the basis of representation made to higher police officials.

sachin sethi

1 Like

Siv (engineer) 19 November 2010

Hi HelplessHusbnad,

Let the police make case what ever way they want.... just, kepp cool till charge sheet is filed. Then see how things happen. I am sure nothing will happen. Unless they lie in court it is difficult to win the case by husbnad... if they are lying then feel happy... their happyness may bring some feeling that you willl afried of them....

As said by others just record the police conversation that will be verymuch useful for future... if police ask anything like where were you and what you was doing they give them false informaiton if you feel that they are knowing all the detaisl relatieed to you and fabricatign the story on you. By givign the false information to police they will fabricate false story which you willl prove and send the wife to jail .... if they are making a plan to trp you then you make counter plan to trp them...