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joy bandopadhyay (Assistant Professor)     05 July 2014

False fir u/s 498a, 307, 120b, 323, 506, 406

Hello my name is joy bandopadhyay, i am a service holder, my wife has given false statement without any documents, evidences, witnesses, on the above charges. Regular Bail has been granted to me, chargesheet has been given in which sec 307 got evicted out. Police had still asked her to give any evidence as i went through the report, but she failed to give any. She has challenged the non inclusion of 307 in high court but got squashed, read report of judge and police officer in which its stated that there is no trace of evidence to prove 307, now she has taken the shelter of section 173(8) for the inclusion of 307 in the lower court.Without any evidence can the lower court accept the plea of re-investigation or further investigation? if she fails to prove 307, what are the charges i can bring up against her?I have gone through a lot since my marriage but couldn't live with her hostility, thats when she and her family started threatening me and my family. But so far we have come out clean. If i win the 498A case against her what counter cases can i file against her? kindly help please



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 4 Replies

Sreenivas V (S/W)     05 July 2014

hi joy,

I can say the game just started here. It all depends on your lawyer and her lawyer on how many years it takes for you to win 498A. Even though without any evidence they file cases with no proofs then also these cases will be draged for years in courts. Actually if she had proof of any wrong doing by you then cases will be done fast, but if you did not do any wrong then they will drag for years.

At the end you will definetly win but what is the use you have to go to court every time but other party will not come.

So have a good lawyer and fight the case.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 July 2014

If you are right then you must go to High Court and make petition of Speedy Trial first else the case will go for life long.

 

I request you to read each of my posts in links bellow: -

 

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

joy bandopadhyay (Assistant Professor)     05 July 2014

thank u

Sudhir Kumar, Advocate (Advocate)     06 July 2014

your questioon

 

If i win the 498A case against her what counter cases can i file against her?

 

 

More pririoty at this stage is that you come out of the case and if left with time and money and energy can thinkm of counter case.


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