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Varun2020   09 September 2019

Evidence of Accused u/s 498A of IPC

Hello all,

I am a accused of 498A case. I've all the evidence of my innocence. But Police is not willing to take these evidences. What to do in such case?


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 10 Replies

G.L.N. Prasad (Retired employee.)     09 September 2019

Send the documents by Registered post to Supdt of Police providing Name of PS and FIR No and request for an impartial investigation.

P. Venu (Advocate)     09 September 2019

What is the present status of the case? Is it in the crime stage - have you been questioned for the purpose of investigation?

Varun2020   09 September 2019

yes it's at crime stage. Police has not questioned or not willing to do so.

venkat   09 October 2019

What is meant by crime stage?

I am also facing 498a. So would like to know more about every aspect of law around it.

P. Venu (Advocate)     10 October 2019

Crime stage is when the matter is under investigation by police. Earlier, in a FIR involving 498A,  the procedure required the Police to arrest the accused for the purpose of investigation. Presently, they are under the direction not to make such arrests expressely with the specific approval of the SP of the District. 

Hence there is nothing to be concerned if the matter is in crime stage and the complaints are without any basis.

Mastan   10 October 2019

Venu sir and other learned members, if police not considered the evidence submitted by accused and filed chargesheet. Then how can the accused prove his innocency. 

The current stage of one case is "chargesheet copies given to accused and still charges not framed  due to pendency of protest petition filed by accused"

- When can accused add his supportive evidence (material evidence) to disprove accusations

- Can accused submit call recording of a person other than existed PWs in the court and can summon him as new witness?

    And please enlighten me as im a junior lawyer who inclined to improve my knowledge to provide legal help to my client in all possible ways. Here mainly the corrupt police hardly considering any pleas from accused and simply filing charge sheets in 498a related cases as well as other cases 

G.L.N. Prasad (Retired employee.)     10 October 2019

The final verdict should always be from a competent court, and the documents provided to Police definitely has importance in bringing the attention of the court , the bias and partiality of the police in suppressing facts for those unknown reasons favoring complaint.  The burden of proof is on police, and documents can be filed to Police under Regd Ack due to bring strong evidence and the court considers the same at an appropriate time during such proceedings.

Mastan   10 October 2019

If police already filed chargesheet then can accused send the supportive evidence using Registerpost-ACK to Police. And when can accused produce the copy along with ACK card in the court. at what stage?

P. Venu (Advocate)     10 October 2019

Mr. Mastan -

Your postings are unrelated. Please post them in a seperate thread either under "Forum" or "Experts". 

Mastan   10 October 2019

Sure venu sir. Point noted and taken with due respect. Apologies to you


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