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Mani123456 (Engineer)     29 July 2010

what happens at the time of 498a charge sheet

Hi,

 Around 10 months back my wife filed 498a against me and my parents in a all woment police station. the Police promised us to remove my parents from the charges. And told that only I will be fighting the 498a.

Now the police station near my home is calling us for some sort of statements? I would like to know what they are

going to do? Can they force us to sign some charge sheet documents?  On what basis charesheet will be prepared? My mother in law and my wife's cousin gave some statement against me in all woment police station.

Now I have proofs that I got married in Arya Samaj temple and my wife is not from my relegion too.

As I am Jain and she is Hindu.

I gave her mother medical expenses for  delivery of my son by cheque and I have proof.

So, I would like to know in what way now Police can help me.

Regards

Manish



Learning

 2 Replies

Ayush (Advocate)     29 July 2010

The statement which the police want you to make must be regarding the investigation they are holding out. After the investigation is complete the police will file the charge sheet in the court. Charge sheet is not any instrument to held you guilty, but is only the allegation which the police apply on you regarding cruelty with your wife. After filing of the charge sheet the court will then charge you with the offence. If there will be suffecient proof along with the charge sheet only then court will charge you under section 498a otherwise the court will discharge you. Then the police will have burden to prove the charges alleged on you which means evidence process will start. Police might have taken some illegal gratifications from your wife and her mother in order to make out a false case against you. Police will frame the charge sheet in such a manner that they will not collect strong evidence against your father and mother. This way the court will discharge your father and mother. The statements made by your mother in law and your wife's cousin are not going to harm you untill they are proved in the court. If these statements are proved correct in the court, the court will punish you. So try to take a strong defence. it doesnt matter where you are married or what your religions are, if you have done cruelty with your wife or any of your father or mother has done any cruelty, and this cruelty is proved, there is no one to save you. In case there is false evidences against you then you have to make sure that you have good defence. I advice you to make sure that you read all the documents very carefully before signing them.

adv. rajeev ( rajoo ) (practicing advocate)     29 July 2010

Police will not take signatures on any document. While preparing the charge sheet they will take the statements of the witlessness and panchas. Police might have called you for money matter.

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