Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Mani123456 (Engineer)     13 November 2009

how can investigation office help in case of false 498a

Hi,

 In case investigation officer is able to know that money was the intension for filing false charges under 498a and DP act. As my wife admitted and asked huge amount of money in the police station tself, how can investigation officer help me in this case? Can he put all charges as false in his investigation report?

 Regards

Mani



Learning

 21 Replies

Anish goyal (Advocate)     13 November 2009

Police officer should file a closer report in this case

Kiran Kumar (Lawyer)     13 November 2009

dear its a duty of Police officer to give correct report to the court.

 

if nothing comes out against the accused in the investigation then police officer can not add any incriminating circumstance against you

 

have faith.

bhupender sharma (head)     13 November 2009

 Mani the police officer has every power when the matter is at investigation stage and of course he is the master of his case in deficiency of the the person may be kept in colum no. 2 as there is no evidence.  

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     13 November 2009

IF  I.O  SUBMITS THE REPORT/C.S- STATING THE COMPLAINT DOESNOT ATTRACT THE BELOW SECTION :: NO CASE AT ALL.

Section 498A. Husband or relative of husband of a woman subjecting her to cruelty

1[CHAPTER XXA
OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

1. Ins. by Act 46 of 1983, sec. 2.

498A. Husband or relative of husband of a woman subjecting her to cruelty.

Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation-For the purpose of this section, "cruelty" means-

(a) Any willful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health whether mental or physical) of the woman; or

(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand.]

Feroz M Shafeeque (Police Officer)     13 November 2009

I have not seen any police officer investigating 498A case filing the final report as "complaint is false".  The problem faced by IO is that in such cases the witnesses are mostly relatives and well wishers of the complainant. As their testimonials go well with the complaint, he is forced to chargesheet the case even without concrete evidence.

 

If the IO got the impression that the allegations are false from the out burst of your wife, request him to refer the case. You may also present any other evidence in your favour before him.

 

 

anil kumar goswami (executive)     17 November 2009


                                                            498A case against me ,my son  and my wife also implicated .FIR filed in Ambala .Our bails rejeceted in Ambala Session court as ordered to produce son and recovery of articals which we did not comply ist one but coplied recovery of articals though the list supplied in FIR by bride side Huge and false.
 
                                                          We approached Pb. and Hr. High court gave relief for interum bail till 27th November and ordered recovery of articles again and cooperate IO at Ambala where FIR is lodged. IO is not cooperating and totally tilted towards the bride side under their influnce being local there .Is there any manual for performing functions for investigating officers .Please help as IO is making us dance and enjoying.23rd this month is our dated to report IO for recovery and investigation.
anil

suresh (technician)     17 November 2009

sir,

i am in dubai working as a technician.i got married before one year at the age of 26 and my wife is a nurse of 24 years old.we lived together in dubai.usually both r very good in angryness.for small small issues she will keep on torturing me sometimes it leeds to my angryness out of control and i will hurt her .she told to her parents.parents forced to leave me,then she started saying to go to home .now she filled a case of 498a against my whole family.she filled a case against dowry since i didnt ask a single gift.what should i do

Feroz M Shafeeque (Police Officer)     17 November 2009

Cooperate with the investigation. Present your defence before IO. That is all you can do. Defend the case with the help of a lawyer.

Suresh, try to settle the matter with your wife's side. Otherwise face the trial.

1 Like

K. Rajendra Prakash (Advocate)     21 November 2009

I agree with Mr. Feroz M Shafeeque

suresh (technician)     21 November 2009

hi rajendrA PRASAD I AM SURESH  FACE THE TRIAL MEANS

 

Feroz M Shafeeque (Police Officer)     21 November 2009

Defend the case against you in the court with the help of a lawyer after it is chargesheeted in the court.

helpnre (rfrfr4r32)     21 November 2009

Hi , could you give your dubai mobile number ?

K. Rajendra Prakash (Advocate)     22 November 2009

Deny the accusation and defend the case against you in the court.

Hardik Mehta (Family Counsellor)     24 November 2009

Anil,

Return all the articles which are under your possession, but if the demand is huge then put that this item is the disputed item as she has not bought to me. Take the copy of the items given. The judge can ask you to give the amount in lieu of the articles, but you can say that this is the false list and she has not bought anything llike this and the things should go for the trial. Tell the court that you are ready to face the trial to prove yourself. Be brave and face the situation. The bail will be granted.


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