SP Singhss (Engineer) 28 June 2016

Is sec 91 helpful in 498a

Que 1 - I want to ask that IO had submitted chrgesheet in 498a; he had moved the evidences of girl in chargesheet and not ours; Can I move an application in court on sec-91 alleging that our evidences which were given to IO were not made a part of chargesheet and would the court direct IO to make our evidences a part of chargesheet

Que 2 - Is it good that i show my evidences at the time of cross/evidence in trial or should i show them at them at the time on arguments on charges in 498a (Wouldn't our defence be revealed at the time of charges then)

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3 Replies

AMAN KONARK MODI 28 June 2016

if that case is false then try to give her witness in court

which attract 193 500 etc against her, then produce your evidence that definately proof that she is defaming you and producing false evidence and statement in court

yes you can make before judge that IO has not listen to your evidence and present in case of chargesheet for which magistrate directs IO for same

refer arneesh kumar vs state of bihar case 2014

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 29 June 2016

The IO is not supposed to file on record your evidence . He is an officer for the prosecution . If you have any evidence in your favour , then furnish the same on record at the stage of defence evidence . You may use section 91 during that time as wel

SP Singhss (Engineer) 06 July 2016

Hello Aman Konark modi

thanks for ur advice but it is regretted to inform that decision of Arnesh Kumar vs state of bihar do not apply to my case; as chargesheet in my case was instituted on 01 Jan 2014 in court and Arnesh kumar judgment came on 02 July 2014