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RISHI JI   23 June 2022

CRPC 91 In 498a

Dear sir/mam

what remedy available if complainant not comply CRPC-91 notice given by police. in 498a, 406 case


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 8 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     23 June 2022

Hello,

Police will search the places as per the complaint of the complainant and try to recover it. Further in the future, the person shall be precluded to rely upon the same before a court of law or use the same. 

Pradipta Nath (Advocate)     23 June 2022

File a petition to the concerned IO to comply 406 and ensure the victim's presence while seizing articles.

Dr J C Vashista (Advocate)     24 June 2022

Why does investigating agency issued notice to complainant under the provisions of section 91 Cr PC ?

RISHI JI   24 June 2022

Hon'ble Vashista sir
IO issued Crpc 91 notice to complainant for asking below questions but not replied by complainant.

1. ITR
2. cash flow statement
3. Bank statement
4. sources of fund
5. article bills
6. place of marriage.
7. Etc.

Dr J C Vashista (Advocate)     24 June 2022

In what context the investigation agency has issued notice for aforesaid documents i.e., what is the complaint / FIR?

Under which provisions of law, where investigation is being conducted and what is your locus standi qua complaint ?

RISHI JI   24 June 2022

Sir my wife filed False complainant against me and my family under section 498a, 406 etc.

Dr J C Vashista (Advocate)     24 June 2022

In this situation the investigation is in your favour and against your wife / complainant, if she do not submit.

However, the IO has no authority / power to seek subject documents from complainant which she can decline.

N.K.Assumi (Advocate)     25 June 2022

File a Criminal Miscellaneous Application in the court under Section 207 read with Section 91 of the Criminal Procedure Code, to furnish the documents require by you.


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