u/s 385/384/354

Avinash kumar seth (Querist) 04 October 2009 This query is : Resolved
She stated in her cross examination

It is wrong to suggest that the
complaint made by me against

accused is false or by way of cheating
has been made. It is wrong to suggest
that contents of the complaint
are all false.
It is wrong to
suggest that I had admitted that
my complaint was false or I
wrote letter to Shri V. S. Chauhan
to Sr. PA DAG Administration
confessing the same on 20/4/05
or that I sent said letter after
signing to V.S. Chauhan. I do
not admit signature on Mark
A at point A.

It is wrong to
suggest that I had written any letter to Senior DAG (Admn) addressing to him and that very letter bears the signatures of two witnesses nor I had written second letter to Sh. V.S. Chauhan, P.A. to Senior DAG (Admn) nor I had showed any apology against the provision that I had furnished in the FIR being the same falsely leveled against the accused nor I have never disclosed the facts of these two letters to my husband being the same letter not written by me to any officer.

It is wrong to suggest that I had made complaints on two occasions on

20.4.2005 against my husband in writing to my officers. It is correct that I had made these two aforesaid complaints against my husband to the Chowki In charge R.K. Puram, Sector-4, New Delhi affiliated to PS R.K. Puram, New Delhi. It is correct that I had made these complaints in the month of April 2004. Again said, Sorry, in the year 2005

This letter she wrote to her office on 20.4.2005

Asha Arya wife of Sh. Satish Chandra, resident of 147-Neb Sarai, New Delhi working as Sr. Auditor in the office of the Accountant General (Audit), Delhi, AGCR Bldg., New Delhi-110002, without any influence and pressure from any body disclose that the contents of FIR No. 37/2004 registered on 18.2.2004 at Mandir Marg Police Station, New Delhi are false and fabricated and the above FIR was lodged by me under extreme pressure and threat to me by my husband. I had no intention to label mean and false allegations on anybody but the pressure and threat of my husband led to all this. As regards misbehaviour with Sh. V.S. Chauhan, P.A. by my husband in the office complex during lunch time on 9.3.2004, I am to state that my husband pressurised me to impose on Sh. V.S. Chauhan false allegations of illegal affairs with me. I did all these things the way my husband wanted me to do. I again reiterate that there is no truth in any of the allegation and these are all fabricated.

Sd/-
20/4/2005
Dated: 20.4.2005 (Asha Arya)

To
Shri V.S. Chauhan
PA to Sr. DAG (Admn.)
- DW8 Shri Chaman Bhandari s/o Late P.S. Bhandari, Sr. A.O., AG (Audit) AGCR

on SA

The statement submitted by Smt. Asha Arya in the office of AG (Audit), Delhi is true attested copy of the original as per our office record. This statement was attested by me as true within the capacity of Sr. Audit Officer. The statement is Marked as Mark A.

Xxx By Ld. APP for the State

I do not know as to who had asked about the same information but I submitted the same as part of the record of the office. I know the complainant for about 4-5 years since she was working in the same office. I do have interaction with her as office colleague. I do not know about the behaviour of complainant. It is wrong to suggest that I am deposing falsel

And This is the second letter she wrote to her office authority with two witnesses.

To
The Sr. Dy. Acctt. General (Admn.),
O/o the Accountant General (Audit), Delhi,
AGCR Bldg.,
New Delhi-110002
I, Asha Arya wife of Sh. Satish Chandra, resident of 147-Neb Sarai, New Delhi working as Sr. Auditor in the office of the Accountant General (Audit), Delhi, AGCR Bldg., New Delhi without any influence and pressure from an body disclose that the contents of FIR No. 37/2004 registered on 18.2.2004 at Mandir Marg Police Station, New Delhi are false, baseless and fabricated and the above FIR was lodged by me under extreme pressure and threat to me by my husband. I had no intention to label mean and false allegations on anybody but the pressure and threat of my husband led to all this. As regards misbehaviour with Sh. V.S. Chauhan, P.A. by my husband in the office complex during lunch time on 9.3.2004, I am to state that my husband pressurised me to impose on Sh. V.S. Chauhan false allegations of illegal affairs with me. I did all these things the way my husband wanted me to do. I again reiterate that there is no truth in any of the allegation and these are all fabricated. I apologize to the office and Sh. V.S. Chauhan for my wrong doings and I assure you Sir that such type of things will not occur in future.

Sd/-
Dated: 20.04.2005 (ASHA ARYA)
Witness
1 J.B. Gupta
AO (Estt.) Sd/- 20/4/05

2 Jawahar Lal
A.O. (Admn.)
O/o (Audit) Delhi Sd/- 20/4/05

“Sr. DAG (Admn & A/CS)’’
Dy. No…….62……….
Date……21/4…..

- Above letter submitted byMr.V.S.Chauhan PW-6 on 1.12.2008 at the time of his cross examinatiion– marked as Mark ‘Z’

DW4 Shri J.B. Gupta, Sr. AO, AGCR,
On SA

I identify my signature on Ex. DW4/A at point ‘A’

xxxx by Ld APP to state

I became witness to said document at instance of Asha Arya who had signed the same in my presence. I cannot say that the said document was got forcibly signed by Asha Arya.

DW5 Shri Jawahar Lal Sr. AO (Admn.), AGCR,

on SA

I identify my signatures on Ex DW4/A at point ‘B’ . The same was signed by Asha Arya in my presence.

Xxxxx by Ld APP to state -

It is wrong to suggest that Ex PW4/A was got forcibly signed by Asha Arya. I know Asha Arya as she was working in my office. I had witnessed the said document at instance of Asha Arya. V. S. Chauhan was also working in the office. It is wrong to suggest that I signed the said document under pressure of V.S.Chauhan

Please guide me on the above facts I won tghe case or not.

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Raj Kumar Makkad (Expert) 04 October 2009
In the light of the facts and cross-examination, I think it is a fit case wherein u can won subject to ur own evidence, pleadings and other evidence.