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Ravi (a)     29 August 2015

Additions & deletions & omissions

Dear lawyers/Experts -

today i studied my 498a wife's chief affidavit and read 10+ times and compared against her private complaint in the court/police chargesheet/her statement to police and found out a lot of differences as below:

 

9 facts added in chief to magistrate in 498a that were not there in chargesheet/private complaint

7 facts omitted in chief to magistraet in 498a that were there in chargesheet/private complaint

7 facts modified by her in chief to magistrate in 498a that were there in chargesheet/private complaint

 

and a lot of facts contradicting in her divorce chief & cross. queries -

 

1. will magistrate read all these that are on record i.e. chief/charghseet? or will magistrate see only the cross version of her facts & statements?

2. is there any provision in law to tell magistrate to straigh away dismiss the 498a becasue of these additions/deletions/improvements instead of following further trial process.

 

kindly highlight your comments.

 



Learning

 5 Replies

Dr J C Vashista (Advocate)     30 August 2015

Discuss with your lawyer who has all the information.

G.L.N. Prasad (Retired employee.)     30 August 2015

Prepare a detailed list with high lighting on a xerox copy and then discuss with your Advocate, as it saves your time and his time while preparing counter.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 September 2015

Unless it is known what were these facts etc. nothing can be elaborated. However, a thumb rule is that all cotradictions of prosecution go in the favor of accused.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 September 2015

a) You or your lawyer needs to cross examine the complainant and you should be careful to see whether the judge is recording those contradictory points or not. 

 

b) Please remember, the police have already given Final Charge Sheet U/S 165 CrPC after investigation. Any addition needs further investigation/enquiry hence file Perjury against all contradictory points right now.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

Ravi (a)     03 September 2015

thank you everybody for your kind advices.

i am planning to come out of 498a case & DV case and shoot them down after that by filing all cases against 498a wife & witnesses.


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