False 498(a)/294/323/506/34
bikashranjan
(Querist) 24 April 2015
This query is : Resolved
DEAR LEARNED EXPERTS
With due humble and respect i expect your valuable advice and blessing to fight a false case against me and my entire family
My wife file a complaint three day before in my home town the above charges, which is completely false.
As my sources informed me today that she has came to the police station today and told the I/O in written that she had lied the day before yesterday and the fact is that the husband has extra marital affair,she describe to the I/O in her recent statement. which is not true( i do not have any affair after marriage).
Case document has already been in the session court entry register. I have already applied for AB.
my query is
1. Can her original complaint has any validity (it has already been tabled in session court) since she has came again to the I/O and told that earlier complain was false in written.
2. Can a person file two consecutive complaint stating that earlier was a false one??
3. This time i am only the accused.
4. how can i get that copy of recent statement and want to know about its legality.
5. is all this possible??
if my query and description is incomplete than please allow me to further update.
Devajyoti Barman
(Expert) 25 April 2015
1. In that event her present complaint would be taken with much seriousness.
2. No unless it really is.
3.OK
4.Apply for certified copy or under RTI Act.
5.Yes
ajay sethi
(Expert) 25 April 2015
obtain certifed copy of her statement by filing RTI application
bikashranjan
(Querist) 25 April 2015
thanks a lot respected learned experts. your advice is helpful to me for my morale as well as legal mental and all the stress that i am facing . you dedicated experts are really doing a social cause that is helpful to the needy. Thank you all
bikashranjan
(Querist) 25 April 2015
Can i file RTI in my home town police station where the complaint lodge against me??
Dr J C Vashista
(Expert) 27 April 2015
@ Bikasranjan,
Your query is prima facie a hypothetical in nature as the complaint of your wife (as you stated) has reached the table of Sessions Court, how come??
There is no limit of filing complaints before police all are valid till disposed, request and insist IO to include all others as accused with you in subsequent complaint to avoid remaining yourself alone as accused. You may apply for copy of the same through RTI, however, SPIO may refuse to provide since the same is under litigation/ prosecution.
What type of possibility do you intend/expect to enquire and advise from the experts???
bikashranjan
(Querist) 27 April 2015
respected vashist sir
i got almost every things that i asked regarding my previous query. i would like to ask the honorable experts,if there will be any further development from their side. my RTI was refused stating reason that, it is being under investigation. Till date no arrest,i am surprised. police following apex court ruling as 498a does not act to automatic arrest.
Biswanath Roy
(Expert) 28 April 2015
1. Admission falsity of a complaint by the complainant which is lying in the sessions court for adjudication is a punishable offense.
2. Purging that earlier complaint is false significantly raise apprehension that second complaint is an after thought and designed to put hedge upon the real material facts.
3. No comment.
4. Take out a xerox copy of the recent complaint from Police Station pleasing I.O.
5. Nothing is impossible if you know the art of making it possible.
T. Kalaiselvan, Advocate
(Expert) 02 May 2015
The experts have advised well, you may follow the suggestions and also you are welcome for your appreciations.
