(Guest)

What actions i can take ?

In 498a case:

Two wintness,my wife and her family are saying that I demanded for dowry on 30 August 11, 31 December 2011 and 5 januray 2012 and did fight at her native place.

But all these days I was in my working city which is 28 hours journey from dowry demand city.
I told IO that I was not in the city on these days but he has ignored my statments in Charge Sheet. He made charge Sheet as per his own wish.
I have proof as :
My office attendence
ATM cash withdrawl

1)What criminal case I can file aganist all these false witness people from my current working place?
2)How to influence IO to investigate again and take statements of our side witness too?

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2 Replies

Munirathnam (Scientist) 18 December 2012

Hi,

The below options are available to the innocent victim of false criminal case:

Being IO failed to investigate the case property, the accused/innocent has to approach the Senior Police Officer (Commissioner of Police) with a letter stating the incidents and its supporting materials and ask the officer to conduct Further Investigation under section 173(8) of CrPC and submit report in Hon'ble Court, where your case is pending. If police do not act file application in Magistrate Court seeking Further Investigation U/s 173(8) CrPC.
Submit application before the police to collect the evidences that are required for the case purpose and if police do not act you need to approach the High Court to direct the police to collect all the materials to defend your case.
File a counter case at your palce stating that actual story with support of evidences and ask the police to take appropriate legal action and punish the people those gave false story to the police to cause harm to you.

Read the judgements of Hon'ble Supreme Court below:

Babubhai Vs. State of Gujarat & Ors. [2010] INSC 663
Rama Chaudhary Vs State of Bihar 2009 (6) SCC 346
J. Alexander, I.A.S., Major Vs State Of Karnataka.

Munirathnam (Scientist) 18 December 2012

If you approach police seeking Further Investigation invoking section 173(8) of CrPC the senior officer may say that already matter is pending before the court hence they wont do anything.

But actually, if no case is pending before the court, what is the need for asking Further Investigation invoking section 173(8) of CrPC .....?

So take your lawyer along with you to the commissioner of police the submit the application along with Suprme Court judgements to convince him.

Else go to court and file such application U/s 173(8) of CrPC.

After all documents and other materiasl are on record, you can file dischagre U/s 239 of CrPC showing the the documents that are collected and are on record shows that the allegations are flase and are not possible to happen hecne you are eligibel to be discharged from case. But you can not submit any documents from your side as part of discharge petition U/s 239 of CrPC.

If police do not act, you may even go to High Court with petition U/s 482 or writ petition under Article 226 of Constitution of India seeking direction to the police to further investigate the case U/s 173(8) of CrPC.

This way you get speedy remedy.... if police do not futher messup the case. If they do again the above process will continue.