Criminal Law queries [1472]

What makes police to file FIR under 498a (3,4) in DP act for additional dowry.

Is the allegations from complainant is sufficient to book the case. Is that be taken as evidence

Or what other evidences they are supposed to look before they file FIR?

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Anonymous 27 September 2011 at 16:41

Sec 338 ipc

I initially was charged with Sec 297 IPC by the police and now i am on Trial under Sec 338 IPC .I want to know that how much time these cases normally take to get finished.What would be the consequences.As i was not driving rash at all,i am ,because of no reason,facing this difficulty.And i am really upset and distressed.Next month i have to appear before tribunal.I want to move abroad after completing my studies which would be after 6 to 8 months.So can i move abroad without difficulty ?Is there any difficulty in getting passport and visa ? And, plzz reply that how to get this finished as soon as possible.thanking you ...Waiting for reply from all

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Victor 27 September 2011 at 14:19

Blackmailing through 498a

Wife put up 498a,

Actual Intentions are

1) is to keep her sister & her boyfriend in her home.

Evidence: Will Pictures of her sister with Boyfriend is sufficient?

2) Not to stay with her inlaws nor visits allowed

Evidence: How to prove, not having materialistic evidence?

3) Money to be distributed for the needy of the inlaws.

Evidence: Have a bank statement , transfering some amount to her relative & friend?

Are these evidence good to put up u/s 211 & 182 in lower trial court?

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Anonymous 27 September 2011 at 14:09

Attestted affidavit without signature of deponent

In a case u/s 138 of N.I. Act, the accused and his counsel filed an application alongwith attested affidavit, which are without signature of accused/deponent. However the counsel of the accused identified the signature and the oath commissioner attestted the affidavit. The court has given opportunity to cross examine the complainant on such application and affidavit. After partly cross examination, the complainant found the above said facts.
Now, the complainant wants to prosecute the accused, the counsel of the accused who identified the signature of the accused, whereas there is no signature of accused and the oath commissioner, who attestted the affidavit. Now what to do kindly advice with citations/judgments and section of ipc/cr.p.c.
Thanks in advance.

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Victor 27 September 2011 at 14:07

Fir booked under 498a

in FIR of PS , they have written:

Action Taken: Since above report reveals commission of offense (s) U/s 498 (A)IPC, 4 & 6 DP Act has been registered and took up the investigation.

Next is they sent the FIR to court under reason as 'conviction'. Whereas there was no investigation happened with the accused.

Is there any loop-hole here to defend in the trails at trial court as the PS taken one sided decision without knowing the actuals.

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Victor 27 September 2011 at 13:55

498a complainant intensions are different

Wife put up 498a,

Actual Intentions are
1) is to keep her sister & her boyfriend in her home.
2) Not to stay with her inlaws nor visits allowed
3) Money to be distributed for the needy of the inlaws.

Whereas in FIR, the PS has written : harassing the complainant mentally & physically for additional dowry.

Now how to prove her actual intensions?

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