I have been falsely implicated by my wife under sections 498a, 342 & 323. As far as ipc 342 is concerned, she has merely stated that she was locked in a room by me for so & so reason but she has not mentioned the date on which the alleged incident occurred in the FIR. My query to the worthy experts is - can the lower court frame charges against me under section 342 without the date of the alleged incident being mentioned in the FIR (by the complainant) & the chargesheet submitted by the police? Can somebody please provide me with a supporting judgement in the light of the fact mentioned by me as far as section 342 is concerned (importance of mentioning the date of incident in the FIR)? What should be my exact arguement in legal terms before the trial court in this regard? Any help by the experts in this hour of need would be highly appreciated.
Regards,
Jai
