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wifebetrayed (service)     05 June 2011

without evidence arrest possible?

is arrest possible , even if police does not have any evidence apart from girl and her parents complaint,?

can police file chargesheet without evidence, how does court treat such chargesheet



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 7 Replies

Sanjeev (Lawyer)     05 June 2011

Police do file chargesheet basis the statements given by the parents and the Girl and relatives. There are no evidences that are required to be attached. These are the statements that are recorded by IO from different witnesses that are in most cases the family members. The statements carries the various instances of cruelty that the girl and her parents claim have occurred.

Now the witnesses also submit the affidavits in support of their statements which are submitted alongwith chargesheets.

wifebetrayed (service)     05 June 2011

is possible bound to mention statement given by husband realtive , or do they have option of ignoring it.

Sanjeev (Lawyer)     05 June 2011

The statements of husband and relatives dont help as remember you being the husband is the accused and accused statements dont matter at this stage. So let the  chargesheet be filed and let the prosecution prove the charges and you will defend the charges. As FIR is registered the accused statements or evidences to IO are of no use. They wont do any thing now and its useless spending money and time explaining the IO they will just mint money and at the end would file the chargesheet.

wait for the filing of chargesheet and defend in court.

wifebetrayed (service)     05 June 2011

SO i accuse Honrable prime minister of theft, police would not bother to fnd if it truth they would not take his word till chargesheet filed?

 

rajshree (freelance)     06 June 2011

1.It depends on allegations.

2.If the complaint is in 498 (A) then arrest possibility is high

3.You can try anticipatory bail

4.Evidence stage comes in court only generally.

Sanjeev (Lawyer)     06 June 2011

In that case the police should have investigated the case before registering the FIR.

!. In case you are able to satisfy the IO that the charges are false - the police can file a B report and that will mean the case will be closed at this level only.....but this dont happen generally so if you think this is possible and police will be so kind and basis your evidences will close the case by filing a B report you can give it a try.

KNK A Learner (Learning to share)     11 March 2012

498a Case is an easy money for some police, they can easily escape by saying that the girl filed the case and her relatives gave statements and the case is cognizable. so we arrested the accused. This is the stereo typic activity of some Police. Just keep or carry Jogindhar singh Case law, DGP Circular and Supreme Court Order in Family matters and recent enactment of not to arrest accused for below 7 years Imprisonment unless prima facie is established.


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