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Siv (engineer)     09 November 2011

Police referred case against wife as false wrongly

Dear All,

 

 

 

Mather-In-Law (MIL) filed case against the 498A wife (who filed 498A case against the MIL) saying that 498A wife and her relatives gave false information against her to the police and did conspiracy to extract money by implicating the MIL and family.

 

 

 

The alleged allegations in the MIL preferred complaint is the alleged allegations present in the FIR and CrPC-161 statements of 498A case witnesses. 

 

 

 

Police prepared final report on MIL case saying that the complaint is flase and the son of the complainant made the MIL to file false case against the 498A wife. Also said that accused (498A wife and her relatives) denied the alleged allegations that are present in the complant of MIL (which are part of the FIR and CrPC-161 statements of 498A case of wife).

 

 

 

While police prepared the final report police did not refer any document that provide information that the alleged allegation is false still police said that complaint is false. For the RTI application also police refused to give the documents that provided information that the allegations present in the complaint of MIL are false. In fact the allegations in the MIL preferred complaint can be said either false or true with the support of the documents (Example: Allegation in MIL complaint is: Daughter-in-law gave flase information to police by saying that during the 15 period of wife's stay in the matrimonial home during 1st May-2008 to 15th May-2008, her in-laws made phone calls to husband and advised to harass the wife whereas as police did not produce any call records to allegations is false).

 

 

 

Also police said in thefinal report on MIL case saying that son of the complainant tutored the complainant to make such complaint. While investigation police recorded the law witnesses (around 3 people) statements and 3 law witnesses says that there was 20 lacks demand from wife side made post to filing the 498A case. But police did not make the law witnesses statement part of the final report of the complaint of MIL. 

 

 

 

Kindly advice what is correct procedure to adopt to punish the police and the make the facts as part of the final report.

 

 

the things done after final report filed in court:

 

 

  1. RTI filed seeking reasons for not adding the 3 law witnesses sattements as part of the final report, got reply saying that Police has the descretionary power to write as poice think, no one can question the police as per law.
  2. RTI filed to get copy of the documents that are verified by the police before declaring that the alleged allegations are flase.
  3. Filed a complaint before Superintendent of Police seeking further investigation and to withdraw false information present in the fina report. RTI filed seeking the status of the complaint on further investigation and withdraw of false information from final report and replay yet to come. 

 



Learning

 16 Replies

KNK A Learner (Learning to share)     09 November 2011

Even if you have strong evidence also, police wont register the case against the 498A Complainant, because if they register the case means the case what was registered by them (498A) was false and also means they didnt do any enquiry and filed the 498A Case against your family. This is the logic behind not filing the case against the 498A Complainant. No issues, go the court and file private complainant if you have strong evidence

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 November 2011

As long as you are not acquitted u/s 498-a your action is premature.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Siv (engineer)     10 November 2011

Dear Sony Ji,

 

 

I agree with you that after aqquittal husbnad can file some cases against the wife.... in fact, ideally at the time of cross examination or at the time of final arguments accused of criminal case can file perjury against the complainant and witnesses so that in the same case the complainant and the law witnesses of the case can be convicted insted of accused.

 

 

The main problem to achieve this is that jurisdiction of the criminal case.... normally wife say a single allegation occurence at her place and ask the court to try for allegations that are happened in another jurisdiction ....

 

 

If 498A wife files case against the MIL and FIL as per her version, even MIL and FIL also can file case against the wife as per MIL and FIL version. POlice shall investigate it and shall found the evidence in support of the either wife or MIL.

 

 

This method is more effective to counter the 498A wife allegations in the way that: if wife side people support her with oral evidence then silimar approach is maintainable to MIL also.....

 

 

If police say that MIL complaint is false then definitely wife complaint also false ...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 November 2011

Now you need to understand the difference between cognizable and non-cognizable crimes first.


Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

1 Like

(Guest)

Keep filing cases against each other much to the glee of lawyers!

Siv (engineer)     11 November 2011

Through RTI India. org I came to know that against public authority cases can be filed. The information I got is as below: Please send your comments:

 

CPC 80 is basically for recovery cost type remedy.

 

Yes, through CPC-80 you can demand explanation/causes/action taken on Public Information Officer as per service rules etc. etc.

 

But there also you land in court, even if small cause or high court.
You may start both action at the same time plus file a no compliance with CIC.


In CIC case do not demand for any information part i.e. section 19. Only stress section 18 and 20 plus ask action as per section 19 on PA (Public Authority).

 

Not a single word in your non compliance complaint should indicate you are asking for any information as the order to that effect is already passed in your favor.

 

Now you are complaining for non compliance of CIC's order and so stress only contempt of CIC and strict action against Public Information Officer and PA as per the provisions in section 20 and relevant.


Give a separate copy to head of PA as you are also asking action on PA. Demand fine to PA for at least 100K to 1000K and fine Public Information Officer as per 250/- per day till the date of compliance of original order. Don't demand any compensation to you as the look changes. You can put verbal demand at the  time of hearing. CPC-80 shall help you to put CP case and demand  compensation.

 

Good luck.

 

Read IPC section 166/167/186/187/217/218 and demand CIC to order PA to file complaint against Public Information Officer for dis-obey the orders of CIC. Check jps50's blog for correct sections under IPC.

Siv (engineer)     11 November 2011

Please read point no: 22 in the below link:

 

https://www.kiranbedi.com/feature.htm#22

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2011

What are you trying to say SIv. Your posts are becoming more confusing.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

(Guest)

How does Kiren Bedi come on the scene? Who is she anyway? Just a power hungry, media attention hungry retired IPS officer.

Siv (engineer)     11 November 2011

Dear Randhir,

 

 

You open the link and see the point no:22. Just it reiterates wat I said about filing the cases against the police in the circumstaces that police do illegal things...

 

 

May be Jiranbedi is not good  .... here I am saying either she is good or bad. I searched in net then got the link.

Siv (engineer)     11 November 2011

Dear Shonne Ji,

 

 

I do not understand what made you confuse....

 

 

In the circumstances of police misuse his office to harm anybody either physiclaly, mentally or in any other form that officer is accountable.

 

 

In earlier posts I requested advice in terms of Section 80 against the police to recover the dammages that he caused while dealing the criminal case through the civil case.

 

 

And now I am seeking criminal action on his ilegal action....?

 

 

Please let me know whether I am doing wrong or not?


(Guest)

I can suggest you something but not here in public forums.  Wriggle out of this court mess as fast as you can.

Siv (engineer)     11 November 2011

Randhir Ji,

 

 

Please suggest me via private messenger. Please send me your contact number, I call you.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 November 2011

Please Siv,

 

There are laws and then there are mechanisms to enforce them.

 

Just saying that a section exists, which doesnot fit your case or is not in the same league or scheme of things, means that you can not enforce it.

 

Somehow, if you are bent upon doing so, please go ahead, I feel myself incapacitated and not up to the mark to help you out on this.

 

CPC has no validity in Criminal Proceedings.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

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