I have been acquitted in my 498a case in March 2013 and now that appeal period is over i wish to file a Pvt complaint against police IO and 498a gang for filing false complaint, hence need your help. I'm filing this pvt complaint through my parents, and i want them to file this complaint at my place only which is Hyderabad.
Some inputs about my case: Me and my family have been implicated in a false dowry case by ex-wife. IPC 498a, 307 (Attempt to murder) charges have been pressed on me.
1) They wrote a false attempt to murder case on me with a specific date (which is 12.01.2010 at 9 PM) stating that me and my parents went to her place ( which is Vijayawada) and tried killing her. For that incident i had a perfect alibi w.r.t. to a credit card transaction at my place (i withdrew cash in an ATM same date and same time at Hyderabad)...this is hightlighted in the trial court too and in my complaints to CID and DGP. post the FIR and based on my complaint to ADGP - CID, there was an enquiry which happened in my case.
For this incident, the IO and 498a gang, including her parents and other witness lied on oath and stated in the trial court that i came to Vijayawada and tried to kill her, whereas same time me and my parents are at Hyderabad.
The judge in my acquittal note had mentioned that it is impossible for me to appear at both places ( 350 kms apart) same time.
2) They played fraud on a govt doctor and put a false medical injury certifcate to support their false murder attempt story.
3) They invented a fictitious witness and in the trial prosecution gave up his name as witness bcos they could not produce him in court
4) They lied on oath to the trail court with false evidences and false witness and this is my ground.
My pvt. complaint is based on 498a gang and IO making false statements on oath and retorting to false evidence and committing fraud upon court in judicial proceedings those constitute criminal offences and criminal contempt of Court.
I asking court to take cognizance on Police IO for creating fraud upon public servants and creating false witness, framing incorrect records and filing false affidavits in Cr.P.C 161 and made dishonest statements on oath, police officer had committed crime and she must be punished under sections 120B, 167, 181, 195, 204, 209, 211 and 219 r/w 34 of the Indian Penal Code.
I asking court to take cognizance on 498a gang for creating fraud upon public servants and creating false witness, fand made dishonest statements on oath, police officer had committed crime and she must be punished under sections 120B, 181, 195, 209 and 211 r/w 34 of the Indian Penal Code.
Pls let me know if my complaint and IPC sections quoted in my pvt complaint are correct.
I have few more queries: I have approached 4 lawyers to file this pvt complaint - they say that i need to file this complaint in High Court and SHRC and i cannot file this pvt complaint in my JFCM at my jurisdiction court and if at all, i need to file the pvt complaint at the same place where my case was acquitted.
So, pls clarify - can i file this pvt complaint at Hyderabad or do i need to file this complaint at Vijayawada only...why do i need to go High Court to file this pvt complaint ?
My pvt complaint is u/s 200 r/w Section 156 (3) of the Cr. P. C for the offences u/s 120B, 167, 181, 195, 204, 209, 211 and 219 of the Indian Penal Code.
Pls let me know if my CrpC approach is correct.
Every lawyer had discouraged me stating that i cannot file complaint against police IO but i'm no way going to give up..
My fight is against corruption, this IO demanded Rs. 2 lacs while filing charge sheet and i refused and instead went to jail for 26 days. Latter this corrupt demanded Rs.1 Lac before my trail started and still i refused, bcos i did no wrong.
We are complain about corruption, but hardly fight against it...i'm willing to fight and i risked my life fighting this false case and today i have a clean acquittal.
Pls need your help and kindly reply. Pls guide me to file this pvt complaint against the corrupt police IO and 498a gang..
Thanks in advance and appreciate this forum help.