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sk (-)     05 June 2013

Seek urgent help.. 498a

Can anyone please guide me with some citations which can help me....my case is as given below....
 
1) Wife staying in her parents house, husband filed RCR.
2) Wife files 498a.  (Date 25th January)
3) Husband gets bail.
4) Wife files one more complaint on 2nd Feb  saying that on 27th January husband came along with his brother in law who is a govt servant (Class 2 Gazetted Officer) ...have created nuisance and tried to burn her in her parents home. ( 2 false complaints....Delay in lodging complaints etc related citations will be of great use....)
5) RCR filed by husband before 498a is pending as wife had moved to her parents house, and was not willing to be back untill her demand of seperation etc are not fulfilled ... husband's say is pending in RCR case.


Learning

 6 Replies

Advocate Deepak Gupta (Lawyer)     05 June 2013

Delay in registration of FIR is not fatal and its a matter of evidence , not a matter of quashing FIR .  Complaint and FIR are two different things . Regarding 27 Jan incident your wife file complaint or police register FIR on the behalf of your wife complaint .

sk (-)     05 June 2013

Dear Sir,

   Thanks for the reply...

 Regarding 27th Janaury incident...my wife has made the complaint and police has registered FIr in that incident only, in 25th Jauary incident only police complaint exist and police had served the notice to me and I had opted for anticipatory bail. In 27th Jauary complaint they have changed many facts from that of 25th January complaint, it has been lodged with a delay of 8 days, had been lodged on 1st Feb saying that one such incident happened on 27th January, complaint has been lodged in a different police station....blames are more stringent and are of serious type, about 7 members of the family. specifically a govt servant has been incriminated in second complaint, in first complaint no blame had been there on that govt servant, who actually resides seperately as he is my brother in law.

So my question is this a planned, complaint, how to fight such a planned complaint....there might be some citations where such type of complaints would have been discharged by the court...

Advocate Deepak Gupta (Lawyer)     05 June 2013

498A content are different and 27 jan incident is different . Before move to court , file counter complaint application to SP narrated the entire fact and use contact for fair invetigation ( Like Mobile tower location ) so police submit the closer report . on the basis counter complaint move to HC . HC lawyer are aware of rulling .

If police submit the chargesheet in lower court , its very rare chance to discharge you on charge

sk (-)     05 June 2013

police has already filed the chargesheet...and in the lower court I am trying for discharge by citing these differences of complaints etc...about your counter complaint suggestion, can I go for it now, almost a year has elapsed since this complaint has been filed, I mean the case has started, police submitted the chargesheet after almost 4 months and since then only dates are extended, charge has not been framed yet. I have put up for discharge in the lower court.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     05 June 2013

mr sk check your PM

Advocate Deepak Gupta (Lawyer)     05 June 2013

No you cant go .  Delay in submitting charge sheet is not fatal , as per my knowledge whatever your point of discharge is matter of evidence . At  the time of framing charge court rely on chargesheet and look only prima facie  , no extra evidence consider , if anything false in chargesheet is matter of evidence . You and ur lawyer very much aware of entire fact of chargesheet and IPC section . Rest u understand very well.


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