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Sourav Dasgupta (Engineer)     30 October 2014

Expert advice required on 498a

My wife filed U/S IPC 498a and ¾ DP Act against me and my parents on June 2012.

After 4 days of filing the case my wife submitted an affidavit to PS by writing that due to agony and provocation of friends she mistakenly filed the case. Presently she has no allegations against me and my parents. She does not want to proceed the case and she has no objection if all the accused persons are discharged from the case.

I was not aware of the affidavit at that time.

My parents got bail upon surrender before court.

I got anticipatory bail from Calcutta H.C.

From then I got date.

My advocate said on next date charge sheet will be given.

I am working in a PSU under WB Govt. My office said they came to know from their reliable source the case was dismissed in 2013. And office asks me to submit certified copy of that.

Now my question is,-

1.      Can the case be dismissed on the basis of my wife’s affidavit?

2.      If so, how can I come to know?

3.      Is there any way to obtain the certified copy from the court by myself?

4.      Is so, what’s the procedure?



Learning

 7 Replies

BHUWAN RAJ 09839268489 (lawyer)     30 October 2014

Yes contact ur lawyer. Or check on the website of high court abt the status of ur case nd latest order. Everything will be clear. Regards Bhuwan raj, adv. Cell 09839268489

Krishna Gulagari (LAWYER)     31 October 2014

yes,

upon your wife affidavit  the other court magistrate recorded your wife statement under section 164 cr.p.c. by requisation of concerned police. basing on that deposition police may closing the case basing on MISTAKE OF FACT.

Sarvesh Kumar Sharma Advocate (Advocacy)     31 October 2014

contact your local lawyer or Go to the trail court and of concerning police station and  clarify the status.

Sudhir Kumar, Advocate (Advocate)     31 October 2014

Can the case be dismissed on the basis of my wife’s affidavit?

 

Ans : Yes

2.      If so, how can I come to know?

3.      Ans : You know how you came to know.

I s  there any way to obtain the certified copy from the court by myself?

Y    Yes : you have to apply for it.  You being accused has a right to apply to inspect court file. and apply for copy of any document therefrom.

 

          can put RTI in thana.

4.      Is so, what’s the procedure?

 

          Check from court staff

T. Kalaiselvan, Advocate (Advocate)     04 November 2014

There are lot of sources through which you can get the desired information authentically.   First through your lawyer or by making a visit to the court directly, enquiring about it in the registry or the court office, by making a visit to the concerned police station and verifying the details from their diary, etc.  Take the help of another lawyer if your present lawyer snot cooperating.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     07 November 2014

u should contract lawyers to  inspect case record and to obtain certified copy have to apply copying department through ur lawyer

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 November 2014

498A is Cognizable and non-compoundable offence.

 

In West Bengal, It is strictly non-compoundable. She cannot withdraw the case.

 

Please file Counter Case U/S 211 IPC, 182 IPC. Defamation U/S 499 IPC read with 500 IPC.

Please file Perjury U/S 340 CrPC read with 195 CrPC.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1


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