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Harsh (Manager)     06 January 2013

498a prima facie case

While deciding whether a prima facie case is made out - I had an understanding that by reading the complaint if we assume all facts mentioned are true, is a case made out of it?

However I read a judgement <https://judgmenthck.kar.nic.in/judgments/bitstream/123456789/96844/1/CRLRP827-06-10-03-2008.pdf> where HC quashed a case and one of the factors was 'no prima facie case was made out and the magistrate failed to or ignored that no specific  allegations were made in the complaint'

So my question to confirm  - are specific allegations a MUST to make out a prima facie case? I would think yes because that gives it authenticity or credibility, lack of such specific  allegations means you can cook up a story as time goes by.

pls comment !



 12 Replies

Saurabh..V (Law Consultant)     07 January 2013

@Author

 

Your thought process is well aligned with the due process of law. See example:

 

Vague Complaint::

One day when I was going somewhere, one boy came and tried to molest me.

 

Specific Complaint::

On XXXX date at about XX hrs, I was going to buy vegitables, one boy named XXXX who lives near my home at address XXXX came and tried to molest me.

 

Hope it clarifies the proposition.

 

//peace

/Saurabh..V

Harsh (Manager)     07 January 2013

so  a statement like "my husband and inlaws started torturing me and taunting me for dowry after 2 months of marriage" is still vague in my opinion. plus ofcourse an extended list of articles - but no mention of what was given to whom.

I feel strongly that such FIR/chargesheets can and should be quashed - but havent seen lot of  advocates going for it, maybe because even HCs dont quash vague complaints most of the time.

Qn: FIR is vague but what if in chargesheet they include specific allegations? wouldnt that also mean that IO and wife/inlaws worked together to create harassment stories/allegations?

Basically what supercedes, FIR or Chargesheet? and if a strong chargesheet is made from a weak/vague FIR what does it hint?

Harsh (Manager)     07 January 2013

another point

1) Quash at HC may be difficult as no evidence is examined

2) A Discharge petition at trial court - can we submit supporting evidences to disprove allegations?

Saurabh..V (Law Consultant)     07 January 2013

@Harsh

 

Grounds for Quash and discharge are almost the same. So it is expedient that you refrain from both at this stage.

 

Unless you don't have compelling circumstances and additional luck that your case goes to High Court with a judge with courage and intelligence, there a re bleek chances in a criminal case for quash. Merely if there are certain exaggeration or false facts, it does not invoke power of High Court for quashing. Also if there are vague allegations as stated by you, then also in these case, generally, courts do no entertain Quash petition. Exemplary powers of High Court can be invoked where your fundamental rights are being infringed OR if your case has fallen into grave misuse or error of law.

 

//peace

/Saurabh..V

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 January 2013

The whole complaint and Chargesheet has to be examined. Remain low and wait for the chargesheet, if the chargesheet is equally vague, your chances would improve for getting quash/ discharge.

 

 

 

Regards,

 

Shonee Kapoor

2 Like

Harsh (Manager)     08 January 2013

How much time gap is available between filing of chargesheet and framing of charges??

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 January 2013

Depends on the wordload in the court.

 

Also, if accused want to file for discharge/ argue on charge etc.

 

 

 

Regards,

 

Shonee Kapoor

1 Like

Harsh (Manager)     08 January 2013

 so we can request for time i guess and decide whether to attempt a quash/discharge or not.

Harsh (Manager)     08 January 2013

Shonee - pls check your PM.

sharma (ADVOCATE)     11 January 2013

Shonee Sir,

 

One of my client who was wrapped with DVC and false 498a, DP 3&4.  DVC was dismissed on grounds that she is not interested to join and she submitted written consent.  No maintenance was awarded to her.  Chargesheet was filed in 498A deleting DP 3&4 acts without any specific allegations.  But, the judge is not allowing to file discharge.  The Hon'ble Judge is against discharge.  The wife of my client is not giving evidence.  Till now, 20 adjournments have gone.  She absents filing petitions.  Now she filed transfer petition to transfer her case to another JFCM.  Pl. suggest.

Rahul Arjaria (Law Student)     12 January 2013

Shonee Sir,

I had filed a case with Sec 12 (1) (1-C) in May 2011 at Indore, my wife attended the case, got it transferred to Gwalior (being non influential place for both), filled WS, started receiving interim maintenance, in Nov 2012 she dad filled private complaint under PWDV, 125 CRPC, 498a, 406 at Tikamgarh (her parental home) on a one single day. Do I have enough grounds for quashment?

Nitish Banka (lawyer)     21 February 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

Quash 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.

Image result for 498a quash

 

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.

Regards,

Advocate Nitish Banka

(Practicing in Supreme Court of India)

nitish@lexspeak.in


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