reagarding 498a chargsheet


A 498A,406,323,504 case was filed by my wife against me and my family and the chargesheet has not yet been filed yet. My parents have also been charged in the case. I met the Investigating officer and during discussion she told me that it's a women complaint nd you all are living together in same home so we cant remove the name of your family member ND we have to file the chargesheet.. but if you want to remove the names then submit a affidavit from 4-5 peoples from your Mohalla who stating that your family are not involved in the case and they didn't asked anything in dowry and has nothing to do with the Dowry charge... I just need to know that affidavit thing is correct or IO just misguide us.. please guide me...
 
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N.A

Originally posted by : vipin sharma
A 498A,406,323,504 case was filed by my wife against me and my family and the chargesheet has not yet been filed yet. My parents have also been charged in the case. I met the Investigating officer and during discussion she told me that it's a women complaint nd you all are living together in same home so we cant remove the name of your family member ND we have to file the chargesheet.. but if you want to remove the names then submit a affidavit from 4-5 peoples from your Mohalla who stating that your family are not involved in the case and they didn't asked anything in dowry and has nothing to do with the Dowry charge... I just need to know that affidavit thing is correct or IO just misguide us.. please guide me...

 

No one in will give you affadavit because once they gave any statement or affadavit they will become the witness in the case and they have to go to court and face cross examin. The I/O is just want to make his investigation easy. Moreover I/O cannot remove the names he can just put others in coulun number 12 means accused, against chargesheet are not filed it is upto court whether to frame charges against them or not. In gereral court frame charges against all the persons whose name are in FIR.

But I/O has the right to file "closure report" if no evidence found.

 
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thanks for your quick reply...

I have 4 person who will give the written statement or in court as well.. so please suggest me that can I submit the affidavits or just leave it..
 
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N.A

Originally posted by : vipin sharma
thanks for your quick reply...I have 4 person who will give the written statement or in court as well.. so please suggest me that can I submit the affidavits or just leave it..

 

It is wrong to give affidavits or any statement to I/O at this time.

Reasons:

1. Opposite party will know your strategy and they will prepre counter.

2.Responsibility to prove allegations is on prosecution, your denial is sufficient

3. Even if you don't give your witnesses at this movement, you can still produce them after cross-examination of all the witnesses of prosecution.means at the stage of Defence evidence.

4. If you produce 4 witnesses in your favour, prosecution lawyer will cross-examin them and they might contradict each othe and this will go against you.

Let your law decide wether to produce defence witness.

 

Hope it clears your doubt.

 
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As per IO, if we didn't give them such kind of affadavits, she will not remove my family members name. And I want to remove my family members name at any cost... I am totally confused..
 
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LAWYER

I think you just keep calm.   Do not run after chargesheet.   Do not run after removal of banes or that quashing in High Court, you will nothing get n hand.   It is better that you cotest the matter that is very easy.  If you are innocent, easy to rove.    In fact in 498A trial, it is the prosecution to prove the charges and not you, You can rebut the allegations.    Nothing to worry.   For further secret advice 7506552608

 
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IO told us she cannot remove the names but if Circle officer tell her to remove the name then she can.. should I go to CO office or not ???
 
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