Rahul Choudhary 04 July 2017

Chargesheet in 498a

Hi Experts

My sister in law has made all of us accused in 498A. Its under investigation and neither her of investigating officer has any proofs. One of my brother is overseas and waiting for his green card and doesn't want to come to join the investigation at the moment.

Is it possible that investigating officer submit the charge sheet for my name only because I have to apply for US Visa as well and want my name to be removed. If he submits the chargesheet only for me I am sure case against me will be dropped.

Is it possible to submit the charge sheet only for me?

Thanks

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4 Replies

green 04 July 2017

Yes...Chargesheet can filed only for you...

Raja_498a Victim (Manager) 04 July 2017

Give some bribe to police and he will remove.

Raveena Kataria (Advocate ) 19 July 2017

Well, what the police submit in their chargesheet depends upon the findings of investigation conducted by them into the case, not really what you'd prefer to have them state in their chargesheet. Apart from complying with the instructions of the notices issued to you by the investigating police officer and defending your case, there isn't much that you can do as to what goes into the chargesheet. So long as you display no intention to abscond, and possess a respectful conduct, assuming you are not guilty you have not much to worry about.

Mahadev 20 July 2017

1. Ask your brother who is awaiting green card NOT to come to India unless this case gets settled even if his name is added in the chargesheet . Nothing will happen to him .

2. Police will definitely add your brother's name who is your sister in law's husband and then you and other family members name might be added too depending upon their investigation. Try talking to Police IO and use means so that maximum family members are never added in Chargesheet.

3. If you have not done anything wrong there would also NOT be any proofs. So relax as nothing will happen to anyone.

4. Based on FIR and Chargesheet, you can seek Quashing too which ofcourse is generally difficult.

5. Once chargesheet is filed and trial commences, you can ask your lawyer to seek exemption from personal apperance u/s 205CrPC which ofcourse is at the discretion of magistrate.