Inquiry of 498a Police witness
INDIAN LADY
(Querist) 01 November 2014
This query is : Resolved
Respected Experts ,, I have filed 125 and 406 ,498a against my husband, his mother , his sister (married) and two aunts (Mausi). In125 interim 4000to me and 2000 to my minor son.
in case of 498a IO was a ACP and now on DSP rank.
He register the FIR against my husband only and rest all allaged bodies were free from his side.
Now in the court He called for witness where as we were not present there and my advocate was also not there. Now he submitted his statement that he has conducted the enquiry in his office and his not gone to accused home and has also not recorded any statement of any neighborers. He has found that the alegations aginst other accused found false ( where as they have never come during investigation). He has not gone for detail enquiry of demand of dowry.But he found that physical and mental tortur was given to me and me and my husband were living separately ( true story ia my MIL was also residing wirh us and his sister were neigborer at a time). He has not register the FIR under political pressure .
Now my query is
1) if he has not gone to accused house and recorded any neigborer statement then how he can give clean chit to other accused.
2. If he has not gone for detail investigation of demand of dowry then how the FIR is register with reason of 406 , 498
3. Now can we request to court to summon to other accused also as no investigation is done against these accused.
4. This whole statement of DSP is against of us or it is in our favour ?
5. Is there any harm to our case as our advocate was not present there at the time of witness of DSP IO.
Kindly reply.
INDIAN LADY
(Querist) 01 November 2014
Before this I hv not sent any query to get advise on this issue of witness statement given by police in 498a case in the court
Devajyoti Barman
(Expert) 01 November 2014
1. it s regular practice of Police.
2. It is too.
3.You can apply for reinvestigation, not to summon any person.
4.Neutral.
5.Yes if his statement is not cross examined.
INDIAN LADY
(Querist) 01 November 2014
Thanks Mr. DEV......in contineation to 5th query can my advocate call to DSP for cross Examined to his statement. ?? My advocate will present there in next date of hearing
Nadeem Qureshi
(Expert) 02 November 2014
Dear Querist
My opinion on your queries are as under:
1) if he has not gone to accused house and recorded any neigborer statement then how he can give clean chit to other accused.
Opinion: You may cross him as re examination with the help of PP.
2. If he has not gone for detail investigation of demand of dowry then how the FIR is register with reason of 406 , 498
Opinion:He said that there is mental and physical torture.
3. Now can we request to court to summon to other accused also as no investigation is done against these accused.
Opinion: Yes, file an application u/s 319 of Cr.P.C.
4. This whole statement of DSP is against of us or it is in our favour ?
Opinion: partly in your favor partly against.
5. Is there any harm to our case as our advocate was not present there at the time of witness of DSP IO.
Opinion: No there is no harm. It is the duty of PP.
Rajendra K Goyal
(Expert) 02 November 2014
Agree with the expert Nadeem Qureshi.
T. Kalaiselvan, Advocate
(Expert) 05 November 2014
This is a state prosecuted case hence the APP is your advocate. You may ask your advocate to file permission petition to assist APP whereas your advocate cannot cross examine the witness or conduct trial. Re-investigation by police can be sought if it established that they have not investigated the case properly.
Sudhir Kumar, Advocate
(Expert) 01 November 2014
