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puneeth   02 October 2017

498a,section 3 n 4, nri charge sheet pending- advice needed

Dear Advocates,

Trying to help my close friend. 

He has been facing the false 498a with section 3 & 4 Dp Act. AB sanctioned for him and family members. He attended the investigation and Police informed him that they will proceed with chargesheet . He works abroad so returned to his work.

The Police have so far not chargesheeted(3 months after investigation). When his parents went to inquire about the charge sheet, they learnt that the Investigating officer is transfered and the new officer was pretty rude to his parents and was biased towards the Girl.

Charge sheet is not filed even after 3months of investigations. Does he have to worry or what he can do to expedite the process. His lawyer advised that only trial gets delayed and nothing to worry but he is worried that police and the girl could be playing some games by delaying or cause more trouble.

He is not able to focus on his duties due to the mental pressure of what could go wrong next. 
What would you suggest him to do ?

Thank you 

Regards

Puneeth

 

 



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 6 Replies

Vijay Raj Mahajan (Advocate)     02 October 2017

Filling Chargesheet is the duty of Police IO, more he delays it better for accused to challenge it. Rest such criminal complaints in most cases fail at prosecution stage thus giving valid ground for divorce to the accused husband to dissolve the broken marriage.
1 Like

Siddharth Srivastava (Advocate)     02 October 2017

Why your friend is so eager to face the trial? Lawyer has rightly advised him so ask him not to jump to get commenced the trial. Such delay faints the memories of witnesses which cause favour to your friend's case. Ask him to file divorce case.
1 Like

Siddharth Srivastava (Advocate)     02 October 2017

Why your friend is so eager to face the trial? Lawyer has rightly advised him so ask him not to jump to get commenced the trial. Such delay faints the memories of witnesses which cause favour to your friend's case. Ask him to file divorce case.
1 Like

P. Venu (Advocate)     02 October 2017

Your friend can wait till he receives summons for attending the court for trail. It could also be that investigations did not find materials to arraign you and your parents.

Please note that in a criminal offence, a person is deemed to be innocent unless proved guilty.

1 Like

puneeth   03 October 2017

Hi Sidharth Sir,

He is not eager to face the trail rather worried about the IO as she threatened to cancel the AB ,gave rude response and favouring talks towards the girl. These instance felt him that the IO is in favour of the complainant and could trouble him since he works abroad.

Funny thing is he has filed divorce one year prior to the complaint by the girl regarding dowry charges and mediation was also not successful in the family court. He is unneccessarily bullied by the disgruntled wife of his. 

Regards

Puneeth

P. Venu (Advocate)     03 October 2017

The worrys are unnecessary. May be he is too obsessed with the past and his former wife.


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