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Siv (engineer)     02 January 2012

Need information on writ petition in hc

Dear Sir,

 

In a dowry case (at wife's place) police filed charge sheet against the husband. and mother-in-law (MIL). Immediates MIL filed quash petition in HC and got stay orders from HC and matter is pending.

 

Mean while MIL filed a complaint before police (at MIL place) against the wife and on her case (498A) law witnesses (LWs) saying that the allegations are flase and wife conspired with the LWs with an intension to extort money.

 

 

The complaint made by the MIL is investigated and prepared Final Report (FR) saying that the complaint of MIL is false. Whereas the FR do not make any findings on the alleged allegations that are present in the complaint except on money extortion allegation, still says that the complaint is false. Police refused to supply evidence that provide information that the alleged allegations of the complaint are false. 

 

 

On the alleged money extortion demand the police say that that was the amount settled by the elders on some date as part of the compromise, whereas none of the law witnesses statements recorded U/s 161 of CrPC do not support the FR story. And the FR says that on the instigation of son of the MIL the MIL filed this false case. The statements version of the law witnesses (the relatives of accused of complaint of MIL) is in contradiction to the version of wife and her relatives in the 498A case.

 

 

 Reapeted RTI applications filed to get the documentary evidence tha show that the alleged allegations that are part of the complaint are flase and also sked for the evidence for the story that is in the FR prepared by the police. No reply from police till date. In one RTI reply police said that the accused denied all the alleged allegations of the complaint and police belied it.

 

 

Son fo the MIL is thinking to file writ petition against the police and the other law wintnesses saying that they conspired against the MIL and her family in frbricating the false documents with an intension to cause harm and with an intent to protect the accused. And without having any evidene on recrod the police are saying that the complaint is flase. While the incidents described by the wife is investigated by the police in 498A case and the version of the law witnesses of 498A case and the present MIL case witnesses (who are relatives of wife and not recommended by the MIL as case witnesses) is contradicting such that any one case law witnesses version only possible to happene in all practical conditions. Also the FR in MIL case confirms that the charge sheet in 498A case is false and not possible to happen.And the MIL case law witnesses are examined after 3.5 years of the incident and these are hear say witnesses hence the FR of MIL case shall be quahsed. Kindly let me know whether MIL can do this or not.

 

 

Also son of the MIL is trying to register a criminal case against the police and law witnesses of MIL complaint (who are relatives of accused in MIL complaint) at the plce where the son of the MIL is living (police conducted investigation at son's place hence part of the false report preparation existed at son's place).  Please comments on the writ petition and on the complaint that the son is thinking of.

 

 

Thanks in advance.

 

 

 

 

 

 

The wife and her relatives are denyng the alleged allegations that are part of 498A case docuements (this confirms that the wife and her relatives given statements are flase on which 498A quash is pending in HCourt).

 

 

 

 

 



 3 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 January 2012

It is a waste of time and money.

 

Fight the case on merits.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Siv (engineer)     20 January 2012

Fight case on merits.... what do say ...? you say that fight the case in another state....?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     25 January 2012

Sadly, I am saying the same - you would have to fight the case where it is filed..

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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