AS 05 October 2014

Extortion case

Hi Experts,

My 498a is going on and current stage is prosecution witness is going on. Girl and few police witness and cross completed .

One of lawyer advised my to file Extortion case on girl as a private complaint.( he is charging very low fee for this)

He mentioned following benefit:-

At Pre-evidence stage we can call anyone in court .

-let say she is working and i dont have proof for same. I can call her office in court and ask them records.

-If i need her or her father ITR , i can call govt department in court.

-I can call that jeweller in court , whose fake bills they have given to police and are present in challan.

-basically any record, and use these records in 498a case.

After 6-8 months court will take cognize and issue her summon and it will be criminal case.

Now i am confused ,

My lawyer who is fighting my 498a case said no need to take this foolish step and he ensured that i will get aquittal but after fight of 2-3 years. He said matter is already pending in one court so other court will not take cognize and your case will get dismissed and it may backfire also.

The records i mentioned he said if required we will call during Defence evidence.like ITR, her work status , Jeweller etc.

Please advise......

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10 Replies

Rajiv kumar (abc) 05 October 2014

With my basic knowledge and little understanding towards notion of courts, I believe you should not do such steps , it may really backfire you sometimes.

If you need any record such as her employment or anything, apply RTI first stating public interest with information . Even if they deny, while saying they are private entity then go for court order to call their records under section 91 on the basis of RTI application.

AS 05 October 2014

Any Senior Lawyer , can please help me and answer to my query.

AS 14 October 2014

Any Senior Lawyer , can please help me and answer to my query.

Rajiv kumar (abc) 15 October 2014

In which region, city you are looking for the lawyer

AS 15 October 2014

I am not looking for lawyer in any particular region.

I am looking for advise of senior lawyer on the question i have posted above.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 15 October 2014

I agree with Mr. Rajiv kumar.

But RTI can be filed on public authority only. If she is working a private firm then RTI will not work.

But CrPC 91 will work properly to ask evidence as per Section 123 and 124 of Indian Evidence Act 1972 to forfeit her allegation.

Sudhir Kumar, Advocate (Advocate) 15 October 2014

you said

"One of lawyer advised my to file Extortion case on girl as a private complaint.( he is charging very low fee for this)"

low fee low advise. You have to wait for acquittal then think of extortion case.

you also sid

"My lawyer who is fighting my 498a case said no need to take this foolish step and he ensured that i will get aquittal but after fight of 2-3 years. He said matter is already pending in one court so other court will not take cognize and your case will get dismissed and it may backfire also."

your existing lawyer is correct. Do not go for experiment with your life.