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bolo (NA)     19 April 2010

False 498a - need help

Hi

My brother's wife filed a false 498a case against my family - my mother,dad,me and grand mother,grand father. the date that she mentioned in the FIR that period i was not  in india

question

1. How to remove my name from the case?

2. Police hasn't filed the chargesheet, this stage can i go to HC for filing a writ petition for removing my name from the FIR/case or only after filing the charge sheet i can go for HC to remove my name?

3. Investgation officer is not removing my name. can i write a petition to SP or commisioner of police about the case and give my evidence for removing my name from the FIR ?

thanks

bolo



Learning

 3 Replies

Bidhan Dave (Advocate)     19 April 2010

You can file petition in concerned high court to quash complaint against you

Sreenivas V (S/W)     19 April 2010

Hi

If you are in india or not does not matter. Fisrt what are the allegations against you, that matters. Your location does not matter. Example they can say you said some bad words which harmed her mentally, a long time back when you were there. So first you need to look into allegations. Also you can rpove your innocence only when the case comes to trails which normally tooks many years in false 498A case. If it is a true case the trial will come fast normally. 

Ramesh (Manager)     20 April 2010

what's the procedure in 498a for people who are not even livivng there.....if you are hindu foregin national....and we dont want to compromise than what happens to complaint ?

As it's purely extortion by the girl to harrase & get money from innocent people.

So you can only apply for writ petition when the case goes to hte court...which implies FIR is lodged and you fight in court before which police would entertain the false complaint even if they dont have any evidence to substantiate the claim.


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