Raja (Other) 12 January 2011

Need Suggestions

Hi,

In my 498a case (in UP), FIR was registered against me, my mother, my father and sisters (one married and one unmarried). Actually they mentioned Nanad (naam pata agyaaat=> Sister in law name and address unknown) which was kind of ambiguous. Inspector did harass my sister and my brother in law during enquiry. After submission of charge sheet my sister (nanad) name is removed. Can My sister now file defamation/damage or any other case against my in laws. Can it be filed at the place where my sister is residing (NCR). Kindly reply. Any suggestion and past experience in this regard will be really helpful.

Thanks

Reply Follow

3 Replies

(Guest)

Dear Raja

u may file case against investigation officer for missuse the power and illegal support the copmplainant/ur wife and produced the wrong report/chargesheet knowingly it is not true.

ur sister can file defamation suit with above mention suit against your wife and investigation officer.

Raja (Other) 15 February 2011

OK. I guess roping in IO may not help because he can simply say that I had to do inquiry and later on I found the sister in las non guilty so I removed their name. any feedback/suggestion.

can my sis file defamation at her place instead of place whrere the complain took place ?

anysuggestion will be helpful

Shailendra prasad singh (Lawyer) 15 February 2011

Mr. raja

The magistrate is not bound to accept police report, if ur other side has filed any protest petition against investigation of the police, after submission of charge sheet and upon protest of other side the magistrate may do one of 3 things 1. he may decide that there is no sufficient ground of proceeding further and drop action against accused ( ur 'sis') 2. he may take cognizance against all accused on the basis of police report : this he may without being bound in any manner by the conclusion arrived at by the police in their report 3. he may take cognizance of the offence u/s 190 (1) (a) on the basis of the original complaint or protest petition and proceed the examine upon oath the complainant and his witnesses as u/s 200. and other thing is that in course of trial it appears from the evidences that any person not being the accused or not posted for trial ( ur "sis") has committed any offence for which such person could be tried together with the accused. the court may proceed against such person for the offences.

in my view: wait & watch.

if u need any further regarding ur case mail me at disputesolvers@gmail.com