cpc

can i file application u/s 91 of crpc in 498a case

engineer

Dear All,

 

Kindly advice on the below:

 

Allegation in 498A is that: wife was locked in house on 5th and is released on 6th of Jan-2007 and before locking the wife in house, the husband has forced the wife to consume pregnancy abortion tablets and while wife was under loked in house, the wife made phone call to her paretns and brother to inform the same.

 

In fact the above allegations did not happen and also the police investigation fails to bring the telephone call details and did not examine the people those were in touch with the wife on 5th and 6th of Jan-2007. 

 

Now can I file application U/s 91 of CrPC in 498A court seeking the below:

 

  1. The call details of the telephones used by the wife and her parents and brother on which the wife spoken about the alleged incident on 5th and 6th of Jan-2007.
  2. The medical reports that shows that the wife was consumed abortion tablets.

 

Kindly advice me.

Thank you.

 
Reply   
 

You can file application u/s 91 cr.pc  in court as well as  to the investigation officer

 
Reply   
 


engineer

Dear Sheetal Sachdeva,

 

Thank you for information. I have filed the application U/s 91 before the police officer but it is neglected without giving the reasons.

 

What I can do against police action (no response)?

 

Actually dowry case is registered at Andhra Pradesh but i live in Chennai.... can I file case against the police at Chennai saying that his actions affected by life and liberty due to neglizance .... section 179 of CrPC would help me ....

 
Reply   
 

Dear Shi,

Right now ur  only target should be 498 case pls dont mess with other matters you can file application u/s 91 in the court also. You can mention in the court that the particular police officer rejected your application without any specific reasons.

 
Reply   
 
Fighter

Well i think you can rebut her claims 

Point 1

If she has called her parents then her parents should have called their relatives staying in chennai and releasing her there and then itself. Why didnt they do it ? Because there was no such incident happened.

Point 2

If she was locked , neighbours should be aware of it, she might have screamed. Get your neighbours to testify as witness.

 

 

 

 

 

 
Reply   
 

1. The police officer is not bound to entertain your application for production of document. yes you can seek your grivance to higher official of police to investigate your aspect also.

2. Before submission of charge sheet and before commencement of trial, you have no locus standi i.e. you are not entitled to make any application in such case.

3. Police officer can require production of documents only by written order. -Under section 91, C r.P.C ., a police officer cannot demand the production of books in any manner that he likes. The word "may" in the section merely means that if a police officer makes up his mind to issue an order to the person concerned, he must do it in writing.

4.  The discretion conferred on the court is an absolute discretion, the only condition for the exercise of the discretion being that in the opinion of the court the production of the document should be necessary or desirable for the purposes of the enquiry, trial or other proceeding before the court.  see 1962 (2) C r LJ 610. 

 
Reply   
 
engineer

Dear Shailendra Prased Ji,

 

Police are bound to collect the documents that are requested by the accused as well as complanant. Police are not suppose to favor only one party of the case.

 

Even after final report or charge sheet is filed in court police can do investigation under section 173(8) of CrPC and during this time police has power.

 

If police fails to collect the relevant document then if that document destroys then the police will become accountabel for the destruction of evidence then will go to jail....

 
Reply   
 
engineer

Dear All,

 

In a maintenance case U/s 125 of CrPC, Family Court Court asked me to withdraw application U/s 91 of CrPC saying the beloe reasons:

  1. The documents list, to be submitted by the wife (petitioner of petition U/s 125 of CrPC), in the application is big list (15 different types of documents) and such application is not maintainable.
  2. Court adviced to file seperate application U/s 91 of CrPC for each document from the same party.

 

Kindly advice me on the law position in this regard.

 
Reply   
 
aaa

How effective is section 91Crpc?

Does court grant permission under this section for getting any documents from the wife/ husband?

Are there any limitations in terms of the type of the documents?

Can the opposite party challange crpc 91?

 
Reply   
 

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