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pikun (Resident)     22 October 2014

Chargesheet filed but no investigation from husband's side

Dear all

False DV going on. 

FIR done. AB obtained.

Recently chargesheet (498a,406) was filed in court by police and summons have been issued.  But there was no enquiry/investigations made by the police from husband's side ever. On the other hand there are false evidences, statements, bills etc from wife's side in the chargesheet.

Questions :

  1. Are not police supposed to be doing investigations from husband's side too ?
  2. Is it good for me to have CS filed early ? This way the trial will start early and i can produce my side evidences later on during the trial.
  3. Should i take any action ? Next date after 2 months.

Thanks



Learning

 5 Replies

LoneFighter (IT)     23 October 2014

1) I guess investigation does not include statements from accused usually. Yes false evidence is part of all the crimes. find means to dissipate false witness or false evidence.

2) Yes, in a way its good, but again.. most of these cases drag for ages may be because of our laggard judiciary or could be due to delay tactics of both sides. One could ask for speedy trial.

3) I know its so  pestering to have something like this going on in life. But afaik only speedy trial can do something... or get on and go ahead with other things in life. 

rajendra (na)     23 October 2014

Police will never do investigation on FIR and charge sheet is just a copy of FIR......

Its good to file charge sheet early..

you can do two things......

File a personal apperance exemption petition in HC and get thsi order to attend only in important dates...

file a speedy trial petition in high court and finish this case in 6months(senior citizen will be good to file this) and this will keep pressure on opposite party if this case is false........

good luck

chowdary (Advocate)     23 October 2014

Don't do all above things. Touch with your advocate and fallow his advice

T. Kalaiselvan, Advocate (Advocate)     24 October 2014

Ask your lawyer to handle all these issues during trial of the case.

Pappu (Victim)     16 November 2014

yes, By law, police is supposed to do an impartial investigation and present their findings to magistrate.  Unfortuately it doesn't happen like that. Their mindset is to do investigation not with intent of finding the truth but with the intent of prosecuting the accused. I have heard police guys saying that they cannot do anything for the accused. 

Part of the reason is mindset and other is that they want to play it safe. they don't want anybody accusing that they favoured the accused. 

You can't do much about it. Keep your evidence with you, fight it out in the court


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