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Deep_blues (Engineer)     25 December 2012

Change of dates and facts in 498a

Dear Sir/Madam, i m facing 498A and 125 crpc rit now...my quaries r regarding chages that can be made in a petition....

  1. can complainant change the dates mentioned by her in her petition...she mentioned same dates and stories in two petitions(498A and 125).
  2. she suppressed the facts,in her 498A and 125 petitions, tat a divorce case was already intiated against her before filing 498a and 125.although she accepted the summon and had full knowledge about the divorce case.i have acknowlegment slip of registered letter.now i got ex parte decree...how is it helpful for me in fighting 498A and 125? can she change her statement later????/
  3. she has given a false statement that she lived and suffered a lot at her matrimonial home which is at X(residence of my parents) place...but truth is that she was there with me at Y place throughout the  marriage life(2yrs).only me and my wife lived there at Y city due to my job,not parents...we only visited X place for 10-20 days in 2 yrs. but in her both petitions, she stated false that she faced a hell lot of trouble at X place...i hav proof that she stayed with me at Y place.can i question jurisdiction on this regards????????? X and Y places are 1300 kms away and in diff states.

plzzz help me....thanxx in advance....



Learning

 8 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2012

Dear Sandeep

she can not change/amend the complaint without permission of the court and court gives permission to her after your argument on this application, if she file.

Feel Free to Call

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 December 2012

if you think that her statement and facts of the complaint is false and you can prove it, you should filed a criminal complaint u/s 340 of Cr.PC before Hon'ble court.

 

Procedure in cases mentioned in section 195.

 

(1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,-

 

(a) Record a finding to that effect;

 

(b) Make a complaint thereof in writing;

 

(c) Send it to a Magistrate of the first class having jurisdiction;

 

(d) Take sufficient security for the appearance for the accused before such Magistrate, or if the alleged offence is non-bailable and the court thinks it necessary so to do send the accused in custody to such Magistrate; and

 

(e) Bind over any person to appear and give evidence before such Magistrate.

 

(2) The power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinate within the meaning of sub-section (4) ofsection 195.

 

(3) A complaint made under this section shall be signed, -

 

(a) where the court making the complaint is a High Court, by such officer of the court as the court may appoint;

 

1[(b) in any other case, by the presiding officer of the court or by such officer of the Court as the Court may authorise in writing in this behalf.]

 

(4) In this section, "court" has the same meaning as in section 195.

 

-Feel free to Call

Deep_blues (Engineer)     26 December 2012

thank u very much...its such a relief....what about question 2 and 3...kindly throw sum light...anybody...

rajiv_lodha (zz)     26 December 2012

At which stage are 125 n 498a cases are?

1 Like

Deep_blues (Engineer)     26 December 2012

Crpc 125- i filed my reply against their petition....

498A- parents r on bail. i got AB from high court and chargesheet is yet to b filed by police....


(Guest)

fight back

Shantanu Wavhal (Worker)     27 December 2012

Generally, how much time do police take to file chargesheet after registration of FIR ?

in my case, FIR is filed in August 2012.

Deep_blues (Engineer)     27 December 2012

@Amit....my case was registered on march 2012...charge sheet still not submitted...


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