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Vicky Sharma   02 July 2018

What is the meaning on dhara 164

If i file a case against the girl for fraud and cheat and court accepted my case but there is police officer who is keep harrasing me and force me to take my complaint back or else he is keep saying to me if a girl came to the police station u will be directly in a court and she even don't need any proof and all my proofs and stuff will be waste so that is true or again that is the trick used by the police officer bcse i also submit his recording where he is forcing me to take my complaint back and show me his gun at the time


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 5 Replies

Vikas Tiwari (Advocate)     02 July 2018

Boss your query is unclear..... This police officer (IO if I'm not wrong) is trying to convey you that she can file counter charges / complaints on you (definitely serious in nature), if she does you will be in trouble.... But you already have filed a case and same is under judicial consideration it will be a defence for you.

Hope you have hired a good lawyer and you have briefed the situation to him / her.

 

jyotirmaya behera (advocate)     02 July 2018

What is the meaning on dhara 164?
164. Recording of confessions and statements.
(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.
 
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:-" I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.
(Signed) A. B. Magistrate".
(5) Any statement (other than a confession) made under sub- section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.
(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

 

jyotirmaya behera (advocate)     02 July 2018

when you file your complain ?

and

what is the subject matte?r you have to mention

Vicky Sharma   02 July 2018

Thanks, Boss I already switch my old lawyer to the better one who is going to help me to fight against this Corrupted IO officer and she can not be used any of this allegation against  me because I already filed a case against her if she does she need to prove at anyhow in court which she doesn't have any proof 

Vicky Sharma   05 July 2018

Hi, I was in a relationship with my lover since 2010. Then we got married(using mangal sutra) the witness is my mom and 1 friend on 1-Jan-2011. But we didn't register it. her parents were not aware of that. Later my wife informed that she is pregnant and so I ask her what she wants to do so she told me that she wants to give a born to our baby and I support her and after 6 month she went to the hospital with her few friend and abort my baby without informing me even she is not talking to me for 1 month and after a month she inform me that she aborted our baby just because she was scared of her father.so she did this wrong step and i have all her reports for the pregnancy and all the test reports and after that, we have a very good bond and she always used me for the money by using my baby and she want me to buy a new house and she want me to give her 10k every month for the saving so we can buy a new house so i agree with her and she is taking the money from me as a cash from the salary i thought she is my wife i can do that i can trust her and i did so far every thing is ok with both of us and we were in a realtionship lots of time and also when we get close she always take that picture from her phone and then she is sended to me on my phone by using whatsapp so i never mind that i thought she loved me and i asked her now this is the time to buy the hosue so give the money back which i give it you for the saving and she always ignore that and i got shocked in 14 feb 2018 that she was engaged to someone on 23 jan 2018 with inform me and 24th jan 2018 she came to my house and my mom is not at the home so she came near to me and trying for the pysicall relation with me when i was sleeping and it happen every day and when i get this information on 14 feb 2018 i informed her father about everything over the phone and he meet me on the next date on 15feb and i show him all the proofs and medical reports and he told me that what i can do now if you both are married i don't have any option i have to accept that but the picture is clear to me on that same day when i asked my wife to came to my house sshe is treating me infornt of her family and she injured her self in my car and i take it her to the nearest hospital and they treat her well and on the same day she told me that she don't want to go to my hosue she is telling me to book a hotel which i did but we didn't go there so we spend the whole night in my car and again she try to do pyshically with me in a simple language she want the s*x only and next day she visited to the bank with me and give 48 thousand as a hard cash and she told me to go head and buy a house i dined that and 16 th feb 2018 her father and fufa and bua called me and told me that she want her girl back so they can arrange a proper marriage of us according to the hindu rights so i said ok after discuss with my mother and i left her to her house and 23 feb i get a call from the girl and she told me that her parents is not allow her to go outside and they hide her phone and i called her younger sister to confirm whats the matter so she told me that mothing every thing is ok and i thought agin that girl is playing with mind and on 26th feb 2018 they left their own house and hiding in noida or badarpur and not even picking my phones and when i filed a missing FIR to the nearest police satation but no response for almost a week i got a call from the AIS XXX name he told me to come to the station and i did and he is not interested to listen my story in a proper way and then he went to the other room came with a another criminal and he is beating him badly infornt of mine and i was get scared and i was sweating badly bcse i never seen this thing before and dont understand why the police office did this thing and after few mins. he give me a white paper and pen and told me to rightdown what he is going to say so i ask him why and waht is that so he told me that you are taking your complaint back rightnow i am not a servant of your father annd i tryed to type what he is said to me and also i recorded his voice on my phone and after few days police officer called me in evening and told me that i am going to help you you have to came to the girl realtive house (bua and fufa house) and after a waiting for 1 hour oustide he finally cam out and told me that he have a word with the girl she is ok and she is in her village which i already confirm that she is not their and again i have the officer call voice record that he called me and told me to came to her home and now finally i filled a case against her in dwarka court the reason is that bcse all this thing a blady cold plan by the girl and her family and when i meet her friend i got to know from one of the boy she told him about her aboration in a different way that when she worked in pizzahut their are 4 people they give her a drink and added something in the party and then raped her in a car and then she is pregant and she aborted the baby holy sh*t i never imagine that any girl have this kind of a guts to tell any boy that she was raped and not informed her family and thats is fake things bcse i also worked with pizza hut and they never allow any girls to work in night and they never arrange any kind of late night parties now what should i do please let me some good things bcse my lawyer is good but he is somkind of slow person i want my money back that is around 6-7 lakhs and i have all the proof against the girl wahts app msg and text msg wher she accept that she is my wife and she have my money and jewlleries and i have all her medical bills and the gadget that she used my card to purchase which is is holding the gadget with her but i have the bills and pics of us in a room or outsides but not have any marrigae proof only having the witness evn not getting any help from the police they try to scared me that she is girl she can do any thing with you but if i have all the proofs against her and she don't have any proof that i cheated her or used for s*x anything if she want to come to me i will accept her bcse she is in my heart i love her and i cannot forget her she always in my mind and in my heart but please help me out what should i do bcse i know the court things will take a lot of time is there any other way My friend who has attended my marriage are ready to witness. And only the marriage invitation can be considered as married proof in court. I have her medical reports where i can proof that I haven't forced her to live with me because I loved her and she always crying in front of me by saying I am ill and I think now you are going to leave me and gadget bills and voice recording in which she is saying that you are my husband and I am your wife and I need our baby at anyhow and written text messages and whats apps conversation please help me out because this Police officer is kept harassing me and I am in depression and I think should I die or what else i can do and also her relatives they are spreading a fake news that I am a criminal ( Gunda ) and people are calling me the same while I going outside and this police officer is helping them I am scared by the police officer lot of time he is forcing me to take my complaint back which I am not going to do that and i filed a missing complaint for her in march 2018


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