Contradiction in criminal complaint
Manoj Choudhary
(Querist) 18 August 2017
This query is : Resolved
In Nutshell:
A wife left home and gave a complaint to police against husband and his family.
Mediation proceeded but during mediation, she approached ilaqa magistrate under 156(3) but with different allegation and resultant FIR got registered. (The complaint given to police was still in mediation cell)
Husband got bail and other family members excluded from FIR by DSP( Charge-sheet filed against husband only)
Now what to do?
1. Contradiction of allegations in complaint to police and complaint to magistrate
2. Prior to complaint the wife has given a statement before police against her own mother regarding interference in
her married life
3. Police has not included the complaint given during investigation.
4. The status of the complaint given to police is still not known to the husband(though FIR has to be registered
normally)
Please suggest (I have filed and application under 156(3) for fair investigation to ilaqa magistrate but the same dismissed being premature)
Dr J C Vashista
(Expert) 19 August 2017
You have not made it clear despite indication that you had filed an application for status report of FIR stated to have been filed by you? What is your locus i.e., you are representing the husband and his family or wife?
Statement made before police (u/s 161 Cr PC) is inadmissible in evidence, however, you may confront to disprove version of wife for changing her stance, it is in the benefit of husband.
Q 3 is vague, whom do you wanted to be included by police?
Magistrate is right, your application is premature.
Police has already lodged FIR, what else remained qua complaint filed before police? Now police is to investigate for allegations and submit chargesheet to ilaqua magistrate.
What sort of suggestion is invited, is vague?
Rajendra K Goyal
(Expert) 19 August 2017
You asked:
1. Contradiction of allegations in complaint to police and complaint to magistrate
Reply:
If the incidence is same, said to happened at same time, date, but few contradiction is there in both, it is in favor of defense.
You asked:
2. Prior to complaint the wife has given a statement before police against her own mother regarding interference in her married life
Reply:
It can be a reference regarding background for defense but not exclusive defense.
Rajendra K Goyal
(Expert) 19 August 2017
You asked:
3. Police has not included the complaint given during investigation.
Reply:
Presently police may be treating both as separate cases, hence doing separate investigation.
You asked:
4. The status of the complaint given to police is still not known to the husband(though FIR has to be registered normally)
Reply:
You can use RTI to know the status. However, sometime it instigates the police to move adversely.
