charan (sub divisional engineer) 25 October 2011

Charge sheet filling

sir,

my wife had filled 498a case against me on 30.7.2011. my father and myself were taken from tirupati to guntur on 5.8.2011 and shown arrest on 8.8.2011. my father got bail on 9.8.2011 and for myself on 12.8.2011. now i am in suspension. police people had submitted the fake chargesheet without any investigation and with fake statements to the court. but the judge had refused the chargesheet for filling stating that interpretations are not matching with the section. now the chargesheet is with police.now my doubt is, how many days police can take to resubmit the chargesheet and weather they can change the section.

thanking you sir.

with regards,

charan.

Reply Follow

8 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 25 October 2011

90 DAYS.,

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

SHAILENDRA SRIVASTAVA (MANAGING PARTNER) 25 October 2011

YOU APPROACH THE INVESTIGATING OFFICER AND TRY TO MANGAE HIM SO THAT HE CAN FILE FINAL REPORT AGAINST YOUR F.I.R.

(Guest)

Extendable to six months at the discretion of the magistrate. But their are known cases of charge sheets being filed after decades.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 October 2011

Mr. Mahajan,

The query relates to re-investigation.

Regards,

Shoneee Kapoor

harassed.by.498a@gmail.com

(Guest)

@Shonere: Thanks for pointing that out. However if wife's one allegation is proved wrong the entire case stands nullified and she can be implicated for filing a false case. A parallel can be drawn from a quasi Criminal case's full bench ruling [FULL BENCH SUPREME COURT RULING :I re: Kunj Bihari 1998--it needs to examined if this ruling is applicable to criminal cases. Jurisprudential studies reveal that this ruling applies].

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 October 2011

Dear Sir,

"falsus in uno, falsus in omnibus" (Once a lair, always a lair), has no application in Indian Evidence Act.

Rest of the allegations if proved would still bring about the conviction.

However, one false statement is enough to put the courts on guard to get corraboration of the rest of the testimony of the witness (complainant is a witness in State/ Criminal case).

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

(Guest)

Latin phrases are very common and good usage of law is the ground reality. Ususally bad lawyers quote latin. A long back ago Justice Sabyasach Sen converted a foolproof murder case into a suicide case and quoted poems to the effect as regards suicidal persons . Advocate was Ram Jethmalani who harped on one minor clause of a section of the Edidence Act and convinced the court that it was no murder but a suicide.