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Prakash Tiwary   23 September 2017

498a : vigilance report over dp act

Case :  
   Falsely implicated under 498A. Fighting custody for daughter as well. Case is under train in  Mumbai.  Dowry was claimed by my inlaws.     My FIL retired from central gov org in kolkata.

My vigilance complaint
    I have filed complaint  against F.I.L before Vigilance under dowry protection act. As an evidence i have given their statement recorded before IO and submission before. I requested to look in to correctness of statement , disproportionate asset and violation of dowry protection act.

Vigilance Response
  1.   Deny to look in correctness of statement as Mumbai police is doing.    I agree
  2.   No disproportionate asset as per their record. Good for my evidence before court
  3.   They agree if such my F.I.L has given dowry , it is a cognizance offense and written  " appropriate action may be initiated on the basis of the result of the investigation by law-enforcement agency in this regard".

My query and seeking suggestion

  a)  For point #3  who will initiate and refer to law-enforcement agency ? or which law-enfo agency here ?   
   Should i ask Mumbai police to start investigation based on vigilance report ? 
 
 

Thanks

 



 19 Replies

Vijay Raj Mahajan (Advocate)     24 September 2017

Ask local police already investigating criminal charges of dowry against you to investigate issue of giving dowry against your FIL. If there there exists evidence of misappropriation of fund by FIL during his government service file complaint to his vigilance department even after his retirement any matter relating to corruption can be investigated and he can be charged as well prosecuted. Income tax department will take care of undeclared money if he had, if that is the case, make a report to that department too.

fighter   24 September 2017

Dear Prakash Tiwari,

I do have a similar kind of problem, My FIL is a retired employee of a State government. He is getting pension every month.

But in 498a, his statement was recorded as he had given dowry for her daughters marriage.

So, I am also planning to complain it to vigilence department. 

My question here is

1. will it backfire against me, in 498a case?

2. Is it a good idea, to proceed with the vigilance complanit? If yes, please let me know the process on "Complaint to vigilence department?"

Thanks in advance.

Fighter

Prakash Tiwary   24 September 2017

I strongly feel so. But be careful in writing , just request them to investigate the root of matter. If their statement is correct , then its an offence and so one... 

Dont write something which tells that you have forced ur FIL to give you dowry beyond his capacity.  I can share my template ..email me pctiwary@yahoo.com

fighter   24 September 2017

Thank you Prakash Tiwary,

I just sent you an email. Please reply with the template.


(Guest)

will it backfire against me, in 498a case?

----> Yes, it proves that your FIL had given dowry means that you had taken dowry which is directly proved in 498a case. Both you and your FIL will be jailed together. How many people are accused in your 498a? Is dowry pb act is also added along with 498a then, you can't do much. How old is your FIL? Filing cases against your FIL will also prove that you are harassing more through other ways since case is filed. How long 498a case was filed? Is it freshly done? If it is already going on for long time, your FIL will file cases on you again as they can file cases anyway. so, be careful with it.
 

P. Venu (Advocate)     24 September 2017

It appears that the queries are as to how law could be misused to harass the father-in-law. You are knocking at the wrong door, I am afraid.

Prakash Tiwary   24 September 2017

@P.Venu @Shan @Vijay . Thanks  ..i learned and assure that NO hrassment to FIL.  I just wanted to collect evidence , nothing more. Let me recheck and rethink

fighter   24 September 2017

It's all your negative thinking on "It appears that the queries are as to how law could be misused to harass the father-in-law. You are knocking at the wrong door, I am afraid."

It is all about how to safe gaurd our self from the false 498A cases.

As an advocate, you can suggest people with this kind of techniques, which can help people to fight on fasle 498a.

No one are knocking the wrong doors, and no need to get afraid. You can afraid about the false 498a cases and the harassment to husbands and his family. 

Every one know that, almost 95 % of the 498a cases are the false cases. You can afraid about them.

 


 

P. Venu (Advocate)     24 September 2017

Provsions of 498A has lost its canines. Nowadays, the Police cannot rush to take anyone into custody, just on the lodging of the FIR.

fighter   24 September 2017

"Provsions of 498A has lost its canines. Nowadays, the Police cannot rush to take anyone into custody, just on the lodging of the FIR", That is are correct sir.

But still they are submitting false sharge sheets with out doing proper investigation.Their statement records are becoming like the table reports.

Still husband and family are becoming the real victims in 99% of 498a cases because of these false 498a cases and spening their lifes with lot of fear.

 


(Guest)

Yes, Nowadays police is not rushing anyone to put into custody after lodging FIR. Before FIR also, Police sending both familes to family counselling centres and evaluting the case. There is lot of pressure on Police not to file false FIRs anymore. Based on lot of investigations only, case is registered and taking actions. 

 

Prakash Tiwary   24 September 2017

Just to share contest , Police has filed supplimentary chargesheet after 2 years of original chargesshet and in improved version dowry was mentioned. In First chargesheet , no dowry was mentioned.  Hence i started all these complaint.

fighter   24 September 2017

Hi Prakash Tiwary,

Amending the allagations will weaken her case.

It clearly tells that police people are still harassing the husband and his family.

I have seen the template that you sent. But still have few more questions.

1. In one case, they mentioned it as dowry, in another as Stridhan.

2. They suppressed the facts of the gifts, or ornments that husband's family given to the bride.

3. In vigilence report, If it is proved that he has given dowry. That can become the witness in 498a case.how to handle that situation.

Thanks,

Fighter


(Guest)

@Fighter,

"Amending the allagations will weaken her case." -- Are you lawyer or Judge to decide this? You are not even having proper name to your profile name and keep advising others and runing their life. You and your family are having multiple cases and roaming in the courts which you only mentioned in other thread. -- https://www.lawyersclubindia.com/forum/False-criminal-cases-other-than-498a-154205.asp 

Amending the allegations will add some more support to the main case. If allegations are proved, then she wins the case. Even if she loses the cases, she will fight in higher courts till supreme court to prove that her cass are genuine cases. You keep telling all cases are false cases filed by girls. Don't genealize it brother. I have seen somany sadists men who are damaging girl's life and girl side family members. Husband side does not have single girl to show some sympathy on her though husband's mother is a lady which is really bad. Really it's serious thing. You keep talking about dafamation and filing cases on girl side people in all threads and diverting everyone's life to dedicate to courts for life long. If you file cases on girl side people, then all those cases will become strong evidence on your harrassment and toruture done to the girl and girl side people. Be careful about girl side people who can file some more genuine cases on husband and husband's family due to that.

Don't simply say all 498A cases are false cases. I have seen recent 498a cases which are convicted and husband, handband family was jailed for 2 yrs. You are keep saying "In case... In case.. those cases are false.." don't worry about that. Till judgement comes, nobody can say case is won or lost. Even if genuine cases are dismissed, they can go to higher courts to get justice. You are always saying defamation cases.. what if girl side people file defamation cases on husband due to husband and husband's side people ruining, damaging pride, prestiage of girl side people. Don't think only oneside of the coin. You don't know how much agony girl will go through when she was harassed for no reason and ruined her life. So, better don't genealize things and don't misguide the people. If you are genuine, you should have kept profile name as your name than "fighter" which itself shows how much genuinity you have brother. So, don't misguide others brother.


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