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Victim498A (Resource Manager)     20 November 2012

Need help for getting apex court judgments

Dear Experts,

 

I filed discharge petition u/s 239 crpc on improper police investigation(investigation completed in one day and filed charge sheet)  and delibarate inconsistancy of facts in various other petitions. 

Please help me recent or past apex court judgments on these grounds.



Learning

 3 Replies

Tajobsindia (Senior Partner )     21 November 2012

A weak brief to provide asked help!

Discharge may be considered on;

- Jurisdiction grounds like what does the complainant say in her Complaint and what does the FIR say where the crime took place
- Permission whether taken from higher Authorities to convert complaint into FIR
- Does the FIR and Charge Sheet differs in facts
- Does the documents annexed with alleged 1 day old investigation supports police version
- Did the CAW cell recommend Section of IPC
- Did wife said anywhere in her complaint or FIR if she feels comfortable with X place instead of Y place where the incidences are
- Did the FIR is signed by complainant as per SC directions
- Is the stridhan list as per Rules
- Any supporting bills thereof
- Did IO verify any facts of complainant
- Who are the witness in 1 days old alleged investigations other than her mom and pop
- Why no neighbor called to Police Station for further investigations

(Inconsistent) various cases statements / petitions facts of wife is not ground enough to file / opt for discharge at this stage. Otherwise to all abvoe specific good Apex judgments are there.

……so on so forth are some of the grounds under which Discharge happens and not with 4 lines brief here.

Hence suggested to have good enough Chamber discussion with criminal side practice Advocate as one too many facts cannot be discussed in open forum such as this..

Victim498A (Resource Manager)     21 November 2012

Thank you very much Tajobs.  Police not visited any places mentioned in her complaint/detailed statement.  It is very clear in the chargesheet and part - II CD that IO recorded two statements at police station. 

 

whereas in part - I  CD he mentioned that  he visited and enquired neighbors and found prima facie.  During the investigation not visited any place and no indipendent witness statement recorded.

please help me in getting relavent apex court judgments.

 

thanks in advance

ANAMIKA VICHARE (LAWYER)     25 November 2012

Generally all the 498A cases are lodged by police after accepting the bribe from the wives....despite there n number of guidelines for arrest... they are not followed by the police for simple reascon.....It is better that you contest the case, you will deifinitely get acquittal,  your lawyer can cross the I>O. as to whether he did prima facie enquiry with the neighbours and other relatives......

Purush Hakka Saurakshan Samitee, Nashik Adv Dharmendra Chavan esstasblished thsi in way back in 1996 and since then this movement is going on for rights of men

anamika_vichare@rediffmail.com


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