Hi all,
Need your kind guidance on my queries in the end. Brief facts of my case below...
My xwife deserted little after 1yr in marriage for not agreeing to her stupid extortion and blackmailing demands and her father filed stupid false allegation to caste community after 3mths. Not a hint of dowry harassment in this complaint copy and I too fired back to community with my conditions to take her back if responsible elders guarantee good/responsible behavior from her exposing sample evidences of their true character. No further indulgence from community.
She then tried to harass me at my work place by joining my organization with fake experience/certificates saying she is single/unmarried person at the very start of her career committing crimes under IPC 415 and 463 and company ethics code violation. She was let go with warning after my request to senior management as it was just starting of carrier and her immaturity. She is still continuing same mistake with new job with same fake experience showing her greediness to make quick money.
I found out the true reasons behind her behavior that of forced marriage by her parents and her continued secret relation with an old flame. Her parents also must have realized they can no longer force their donkey to drink the water of forced marriage relation. Only response after 9months is false 498a/506/DP4&6 as no parents would like to face the humiliation from any expose of these facts.
Am happy to know later she found out the true fraud nature of that old flame who infact was not only cheating her but also maintaining parallel affair with another newly married girl from his workplace who exposed him to my xwife! But she knows it was too late as she already burnt her bridges with me and no scope of me taking back such criminal minded person.
xwife made a private complaint of 498a/506/DP4&6 on me , my parents and brother under crpc 200 to magistrate court in city of xwife parents and prayer was to direct SHO to investigate and report under 156(3) saying that unless the compliant is referred to xyz SHO in her city for investigation truth will not emerge. And as per the false averments given by her the false incidents of dowry harassment happened in matrimonial home in different city from where she deserted me for other reasons. She added another false incident in the end of her petition of a threatening at her parent’s home to create some sort of jurisdiction. Witness to this private complaint are her mother and father only who are never a resident with us in matrimonial home and in true sense I guess they should not be considered witness as their statement are mere statement of what is said by complainant to them and also they are blood relations to complainant.
Given the fraud nature of this case and the fraud IO we kept silent for 1yr though we have strong evidences to prove the falsity of all the allegations. Now after 1yr, IO submitted her charge sheet to court –
a) Without any material/evidence to add other than initial FIR and case diary part2 with witness statement of xwife, her mother and father recorded at time of FIR and IO herself adding as 4th witness.
b) IO mentions in the charge sheet as ….’based on the facts and evidences collected during the evidence, it is well established of prima facie case…’ whereas we have every evidence contradicting the allegations and so believe this cannot be called prima facie?
c) IO also added another statement that due to my torture on same day when my xwife joined me at my matrimonial home her father rushed to my home to give me some lakhs of rupees to buy new furniture! I still hold all the bills and bank debit card transaction details of all my purchases which were much much before marriage that can prove this new false charge! I also have the used etickets I booked with my bank card for her family to visit my home right after marriage.
d) In the chargesheet on item – Details of properties/articles/documents recovered/seized during investigation and relied upon it is replied as NIL. And so no other evidence submitted.
e) There is no case diary/chargesheet/investigation report produced from PS from the city of matrimonial home.
f) On chargesheet item on – If FIR is false, indicate action taken u/s 182/211 IPC it is replied NIL.
Now these criminal cases are due for trial soon this month. A positive news is that in the DV case filed by xwife to extort exceptionally high maintenance and lakhs for compensation on same charges as 498a and also there are few contradictory allegations as against those in FIR which clearly show that the allegations are overtly creative, this DV case is completely dismissed by magistrate court initially taking off my parents and brother from respondent list and later completely dismissing petition in final judgement quoting no jurisdiction. This judgment was also not appealed by xwife within 90days.
Now my queries for your kind guidance please….
1. Filing of case under crpc 200 asking PS to investigate to bring out truth – Does it clearly mean there is no prima facie and so investigation should bring forward if any new evidence to prove the charge? How far is IO right in committing this case to trial without any new material/evidences and not taking action on 182/211?
2. Crpc 200 asks for written complaint taken by magistrate under oath – now can the accused take any action on complainant, her witness (xwife parents) and the IO under section 181,182,211 and 220? If yes, what and how to do this?
3. We have also evidences to prove perjury she committed giving false information in affidavits to DV/maint cases that she is unemployed and no source of income whereas we also have evidences how she committed and still continuing more crimes under IPC 415 and 463 using false experience certificates and cheating her employers.
4. Also I believe almost every state DIG had set guidelines for all the IO’s to investigate, record evidences and only if valid evidences, get written approval from DCP’s to initiate any arrest in 498a. Now given this charge sheet has not a single piece of evidence to support the charge and still the IO and out-laws tried to arrest me 1yr back even without any approval letter from DCP or other official, what legal action can be taken on the IO for contempt on directions set by higher officials and also guilty under IPC 220?
5. We have every evidence to nail down the false charge sheet and qualifies on 5 out of 7 grounds listed for eligibility for quash as mentioned in judgment citation of State of Haryana vs Ch. Bhajan Lal and Ors on 21 November, 1990 and i guess this should come under jurisdiction issue also(you may confirm given above brief)?. Should we file quash under crpc 482 alone? We also want courts and higher police authority to prosecute IO and complainant for crimes they committed under sections highlighted in above 2 points. Can this be done asking for entire charge sheet quash and also mandamus direction to commissioner of police to initiate prosection through a writ petition under article 226 read with 482,181,182,211,220,415,463? Is this possible and allowed to do in single petition to high court? We have no intention to forgive the real offenders who left me and my aged parents to suffer on false cases and shattering my dream of happy marital life. What is the possibility of acceptance of such petition?
6. If accepted, how soon can we get any stay on the proceedings in trial court?
7. Until when accused is eligible to file for quash / writ petition with quash? Should this be filed only before initiation of 1st trial in magistrate court or can it be filed later also after few trial sessions?
Thanks & Regards
Raj
