On our false 498a case, chargesheet is filed under crpc 173...all fir allegations false and cannot be proven because they are contrary to facts (strong evidences available against each allegations). chargesheet also mere-copy paste of fir and mentioned only reason is prima facie found based on 'facts and evidences collected during investigation'.
And on another point on chargesheet it is mentioned NIL for any material relied upon for making charge.
MISSING info is that there are NO DATES mentioned for any of the alleged false incidents?just a mere mentions that incident happened in so-so month in fir and same copy-paste. This is clear case of no investigation also done.
I would like to know...
1)what all documents should be given for accused to defend his case in trial? i believe certified copy of FIR, Chargesheets, Case Diary part 1 and part2. Please confirm. we were not given part1 case diary which i believe is clear indication of corruption involved as no investigation is done and no material to support false allegations. Now IO and opposite party is making hectic efforts asking my parents to go for settlement and pay n lakhs instead of going for trial for years! But we are determined to fight to end.
2)now how to i get part1 case diary? or if its empty record (not filed! as i know is the case here), can i file writ in HC asking for certiorari and quo warranto as all the alleged incidents are actually out of jurisdiction in different state?
3)can i ask through RTI filed on IT or through some petition to HC asking for what investigation is carried out and what material relied for each alleged incidents?
4)can i ask HC to stay all trial procedings until investigation details are furnished by IO or RTI response is given?
5) apart from FIR allegations, IO has added a new allegation which can never be proved! Strong evidences in contrary. Now can we file perjury on complainant, their witness (complainant parents only) and IO also(she mentions herself as another witness under crpc 91 and 340?
Thanks
Raj
