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498a victim (Manager)     24 October 2014

Filing of perjury in 498a case

Dear members,

I have been implicated in a false 498a case by my wife.The Fir contains all the stereotyped and non-specific allegations of dowry demand,harassment etc.Only one specific incident of attempt to kill has been concocted in fir to give strength to other vague allegations.She alleges that on a particular date(intentionally selected Sunday),she was brought by me at her matrimonial house and myself and my parents tried to kill her by giving poision and she somehow saved her life.The fact is that neither she nor myself were at the alleged place.The same allegations were repeated by her before magistrate under oath.I have following proofs to reveal her falsity:-

1. I have my post paid mobile bill showing that I was not in roaming on that particular date and was at my home circle which is in another state from the alleged place of incident.

2. I have delivery chalan of a co. showing that T.V. was deliverd to me personally by the co. on that particular date against my signature at my residence which is in other state than the place of alleged incident.

3. Enquiry report of Police clearly mentions that "it is a false story of trying to kill just to implicate husband and his parents in the matter and nothing such happened."On the basis of this report names of my parents were not included in Fir, and case was regd. against me only u/s 498a.

  With above proofs in my hand, I seek guidance of learned members if perjury can be filed in the matter.Are these proofs sufficient to prove my alibi and if she can be booked for lying under oath.

   THANKS.



Learning

 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     24 October 2014

Dear,

 

Yes you can prosecute her u/s 191 and 192 I.P.C.  You can also file a petition for defamation and malicious prosecution.

 

Adv Kapil Chandna

9899011450

 

498a victim (Manager)     26 October 2014

Thnx Adv. Kapil ji. Generally, it is observed that perjury is discouraged by lawyers at lower courts and the judges also do not entertain it easily. I want to seek guidance if the proofs which I have (as enumerated from 1 to 3 in my query ), are convincing to press the judge to entertain the perjury application. The stage of my case is that chief of PW1 has been done pending cross.

  I have learnt that there are very experianced legal experts in this forum to impart proper guidance.Hence I request the Ld. senior members to guide me in my query. Further,if, in light of the proofs which I have to prove her falsity, the judge does not entertain the perjury application, what remedy I have to procced further.

 Anticipating proper guidance from Ld. members.

ANAMIKA VICHARE (LAWYER)     27 October 2014

Whateverproof syou have , you lead evidence to taht effect in your 498A case and do not forget to file written statement immediately after statement u/s.313 is taken

498a victim (Manager)     28 October 2014

Anamika ji, I think you have not gone through my query properly. I want to ask if the proofs which I have are sufficint /convincing to file perjury.I think statt. u/s 313 is still far-ff.

498a victim (Manager)     28 October 2014

Dear Adv. Chandershekhar, Adv. kalaiselvan, Adv. Tajobsindia and other sr. members,

I was expecting some mature guidance from some experinced members of the forum who properly read the query before replying.

I request the experts to throw light on the queries properly as heretofore in the forum.

Thanx.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     06 June 2015

dear 498avictim, your case seems to be a fit case for filing perjury. this one ground alone is sufficient wrt the police report mentioned by you which proves her falsity. 

 

Concentrate on this fact in centre & also mention her other lies in the background to prove that this centered point was done to INTENTIONALLY harm you/ your reputation & to take undue orders from court.

 

Did u filed perjury over this period?


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