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(Guest)

498(a) with MLC got converted into complaint

Dear Sir, I got married in 2014 in Uttarpradesh and after spending a week there , came in Mumbai along wife, my father, brother and mother. Wife filed a false NC complaint at the local police stations here in Mumbai in Feb 2016 and left for her parents' home in UP taking all the jewellery and her belongings. I have a daughter from the wedlock Now she had filed 156(3) through court in UP in March 2017, attaching the NC complaint of Mumbai police and also attaching a false Medical certificate mentioning that me along with my family (brother, father,mother, sister) tortured her for dowry,beat her and took all her jewellery in December 2016 in Uttar Pradesh at my home. However, we were in Mumbai at that time. Me and my brother have biometric reports of our workplace .. Also, police report in Uttar Pradesh is in our favour, that we were not present in UP during the time of incidents mentioned in the affidavit. After going through the police report, court has converted it into a complaint , where my wife recorded her statement, on the next date her father ,and there is also one more witness statement required which will happen in few days My question is can court again order police to investigate the matter based on their statements?Or will me and my family be summoned by court to a date where I can present my evidence? Is there a need of taking bails etc?. I learnt that there is no AB in Uttarpradesh. Would like to know the sequence/process of a case which is converted into complaint ? Please advise..


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 3 Replies

Siddharth Srivastava (Advocate)     30 August 2017

Details are missing. Have you received the notice of the case. It is a complaint case where it may be after recording of evidence court may ask the police to reinvesting ate the matter. It is correct the in U.P there is no AB. You have the opportunity to prove your innocence. If required consult with details. Sidharth 9811776422

(Guest)
Thank you Siddharth,

A bit more details on the above context. So when she filed 156(3) thorough court in UP, police had gone to my native place but since we are in Mumbai, other villagers and few of my relatives that they have not come here for the past 1.5 yrs nether my wife, so how come they beat her and etc. , then the police called me on my number and I told the same thing, hence the police snd the report in our favour. then the court had asked for mediation, again I did not receive any formal notice for the same. I did not attend as there was no point because they were demanding for 10 lacs or keep the wife, both I am unable to. and so mediation failed and it got converted in to the complaint in which wife and father have recorded their statement. They don't have any evidences, infact I have to prove my innocence. it is just that they have the NC complaint of Mumbai police which they have attached in the initial affidavit . Hope this helps.

(Guest)
hi Sir,
plz respond

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