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Vijay Nayak (NA)     24 June 2011

False 161 Statement - 498A Case

Dear All,  my relative has filed 498A case against her husband, now the chargesheet also filed, when i recently visited their house, i was shocked by looking the witness statement, where in my name also included, but I have not given any witness statement under Cr P.C 161 or gone throw investigation. I am a governament servent, our service code doesnot permit these issues, again it is a false case, on the date of investigation I was in the office, our attendence also proves the same. Now her husband side are preparing to give complaint against me. It may take another year to reach evidence stage. please advice me what are the ways out, I am not intrested to step into court hall



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 9 Replies

Saurabh..V (Law Consultant)     24 June 2011

@Vijay.

 

You can engage a trustworthy lawyer and file an application, praying your name to be struck-down from the Prosecution Witness (PW) list. Also you may discuss with your relative first.

 

It might be a false case but yet you would first support your relative ( i feel). If you wana support truth, then directly file this application in the concerned court. This will weaken their case as it clearly cast heavy doubt on the story of the complainant.

 

//peace

/Saurabh..V

ramprasad reddy. pottipati (Lawyer)     24 June 2011

161 Cr.P.C statement can be used either for corroboration or contradiction. If u are not support the case of prosecution automatically u will be treated  as hostile witness. Usually the police of their whims and fancies record the statement of a witness under section 161 Cr.P.C even though a witness has not given any statement but some body in the prosecution side might sponsor your name, the only remedy is, the prosecution has to given up your evidence or u have to enter into witness box.

Vijay Nayak (NA)     24 June 2011

Thnx, but how do i face the complaint, as i said, i am a govt employee, under the service code, i am not permitted to support or giving or taking dowry,  the accused party are going to give complaint against me. PLEASE HELP ME,

G.Nagarajeshwar Rao (Advocate)     24 June 2011

You can meet the concerned court A.P.P.O., and narrate all the facts and take his help.. He can give suggestion to you.. 

Vijay Nayak (NA)     24 June 2011

I am planning to submit a affidavit to the concerned court, police station and to my department, is there any valid document or sec which gives opportunity to do so

G.Nagarajeshwar Rao (Advocate)     25 June 2011

You are treated as hostile witness, generally the prosecution can not examine hostile witness. The A.P.P.O., will be givenup your evidence in the trial. therefore it is better to aproach the learned A.P.P.O., and seek his help. 

Vijay Nayak (NA)     25 June 2011

Thnx sir, do i need to give a reason in writting to A.P.P.O to become Hostile witneess
 

ramprasad reddy. pottipati (Lawyer)     25 June 2011

prosecution can not be launched basing on the 161 Cr.P.C statement. Evnthough complaint prefers by your relatives it holds no water and it can be easily quashed.

Vijay Nayak (NA)     25 June 2011

Based on my writtent statement, can accuse file quash pettition in High court


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