Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Legal Techie (Men's Rights Activist)     05 June 2008

Please advice, false 498a on me

Hello,
My wife & her family has filed a 100% false and fabricated 498A case on me. Recently Chargesheet was also filed by the police in the court.
But reading her complaint itself, everyone, including the inspector IC, Advocate, even the Judge, know clearly that it is fully an imaginary story and a sureshot false case. That's the reason, the judge gave me a (almost unconditional) regular bail without any arguments from my side. As of now, I still don't know what chargesheet has been filed by the police, but only got to know for sure that it has been filed.
But ironically, unlike any other law, in 498a, now the onus seems to be on me (the accused) to prove that all her fancy stories are in fact FALSE! Now because it's all simply imaginary stories, I also don't really have any material evidence to prove them wrong. How on earth can some one prove a non-existing thing wrong (or right)?

Please advice me how should I proceed with this case now?


Learning

 35 Replies

punit jain (Legal Manager)     05 June 2008

Hello, If u think that the prima facie the case filed against you is false and there is no substance in the same then u can approach the Hon'ble High Court immediately and file petition under section 482 of Cr.P.C for quashing the same.
PUNIT JAIN

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     05 June 2008

Your case history is factually in-complete.

YOU STATED the following :
quote :
"How on earth can some one prove a non-existing thing wrong (or right)?"
unquote

HERE's how someone can prove a non-existing thing wrong or right.

what you could do is COLLECT EVIDENCE, as follows :

- collect statements (by way of notarised affadavits) from your and her friends circle, neighbours, relatives, society watchmans, gardner, local shop-keepers. It should state that they know you and your wife very well and both of you are very friendly, deep in love, that they have never heard you people fight or quarell, that they have seen you and your wife go out for shopping/movies/roaming and are a very happy couple and that both of you are the pride of the society and that both of you are quoted as a good loving couple.
- collect bank statements of both of you (if joint a/c then more better evidence) for last 3-5 years, collect credit card statments for last 3-5 years.
- collect shopping bills of the saris/dresses/jewellery/ holidays bills / hotel bills/ ..showing that both of you are happily involved in all the above happiness, at all times.
- gather family photographs for last 3-5 years.
- get a police character certificate that the police department have no history record of any legal cases against you in their jurisdiction. Obtain same from your local politician / MLA / Counselor / Club.
- ...
- ...

Other ways / tactics of winning this case, are too un-ethical, salty and non-emotional and cannot be discussed here on a social law forum. Your regular local lawyer "MAY" be able to guide you.

Make "arrangements" with the police to give you the chargesheet copy (which is highly doubtful) and let us all know of the same by posting over here, in details.

BTW, please do not get too happy that you were given "almost unconditional" Bail. That's completely cumpulsorily bound to be given within the parameters of the law. That's nothing special.

HUMBLE SUGGESTION : Get a mutual counselor (friends / senior citizen / lawyer) to mediate and settle / finish off the matter. Nothing usually comes out of such cases. Your wife will not be able to win such a case and it may a back-door way (ground) of shunting you out of her life. Try to think from your "Brain" and not from your "Heart". "IF" (repeat "IF") YOU ARE NOT AT FAULT .A N D. when the matter has reached the police and the court, it is time to refrain from being "emotional" and "sentimental" and cut-out such stale links and start life afresh with proper "self-introspection".

ONE MORE THING : Now-atimes (in kal-yug), with aggressive nature development, such unsatisfied life-style among current generation, is a common thing.

Keep Smiling ... Hemant Agarwal

A QUOTE :
A man lives by believing something; not by debating and arguing about many things.
– Thomas Carlyle, 1795-1881, Scottish Philosopher and Author

Guest (n/a)     05 June 2008

Please join one of the blogs online regarding 489a and DV act 2005. Or just Google 498a and search. Good luck.

To Save Indian Society
Tomorrow
Save Your Family
TODAY.


To know About Indian Laws
Browse
https://mynation.net
For News :
https://mynation.blogvis.com
For Victim Stories :
https://498a.blogvis.com
List Legal Terrorists:
https://498agirls.blogvis.com


+++++ MNF +++++ AFFILIATION +++++ MNF +++++
https://protectindianfamily.org
https://savefamily.org
https://bpssindia.info
https://asha-kiran.org
https://siftimes.com

(Guest)
Thank you for the list of sites.

arunprakaash.m. (advocate)     05 June 2008

while submitting chargesheet against you the police authorities should have served a copy of the same. now also you can ask for the same. you can also file petition to high court. why not use right to information act

Legal Techie (Men's Rights Activist)     05 June 2008

Cool... Thanks for all the valuable advises...
Mr. Arun Prakash, As the Chargesheet is filed in the court, whom should I direct the RTI application to?
Court or Police?

Guest (n/a)     05 June 2008

dear in all criminal case the burden of proving the case lies on the prosecution only and that too beyond reasonable doubt. I don't know whether the charges are framed or not but in case if the charges are framed DO NOT go for REVISION because there is every possibility that u might disclose your defenses and in that case your case would be at stake.

And i tell you,if your case is false, it would definitely fall like a house of cards. I am telling u this thing from my experience.

Gaurav mishra (practing advocate)     06 June 2008

giving bail do't mean that judge is convivced with your view , bail is a different matter,if u have field any noticeor any case aganist your wife u/s 13 h. m act or 9 h.m act that will be benificial if that was before this 498a case.

Guest (n/a)     06 June 2008

mr.techie
you can file RTI application to both police and as well as court concerned. and also you can approach information commissioner of your state.


























Guest (n/a)     06 June 2008

even without filing RTI application you can ask the station house officer of the police station concerned tp serve you the copy of the chargesheet. you can file RTI application with the court police concerned and also apply to the information commissioner of your state.

sankar (lawyer)     06 June 2008

to my knowledge first of all the burden of proof is always on the prosecution to prove ur guilty beyond reasonable doubt.

secondly what i believe is Truth always triumphs.

So do not worry time eill solve ur problem

Srinivas.B.S.S.T ( Advocate)     08 June 2008

as per section 207 of Cr.P.C copies of all the documents filed to prove the guilt of accused, shall be supplied to the accused. If the Police filed the chargesheet and you have not received your copy from the court you can file a memo into the court so as to supply the chargesheet. But remember only after the charge sheet is taken on file, it will be supplied to you. At this juncture i would like to tell you the steps/procedure courts follow (its allmost all same in all the states of India)


1. After police arrest an accused and produced him before the court, the court will commit him to judicial remand. (The remand period will be a span of 15 days)


2. Upon moving a bail petition the judge will pass appropriate orders on the same(if the bail petition is dismissed in teh 1st instance, a petition can be filed after a considerable gap before the same magistrate or a petition can be filed in a court higher to its jurisdiction, but filing a petition before the same magistrate you should show some change in circumstances)


3. After granting bail, accepting sureties the accused will be released from prision and he should appear before the court on the date(generally the remand date )


4. Upon appearing before teh court on remand date the court will direct the accused that he will receive summons after filing the chargesheet


5. After police file the chargesheet and court takes it on file, the court will issue summons to the accused.


6. When the accused after recipt of summons appears before the court. All the copies of documents, 161 Cr.P.C. Statements shall be supplied to the accused.


7. After supplying the copies the court will conduct preliminary examination and proceed with the trial by issuing summons to the witnesses.


8. After completion of the trial the accused will again examined under section 313 Cr.P.C


9. After 313 Cr.P.C the accused can adduce defence evidence. He may examine himself as a witness or exmine others as witnesses in support of his case.


10. after defence evidence the matter will be posted for arguments


11. after hearing arguments on both sides the court will pronounce its judgment.  from here the appeal stage start. I hope i have cleared your doubt with regrad to procedure. any further doubts please post a message.


Remember if you want to file a discharge petition before the magistrate you have to file it after receiving the copies and before preliminary examination

Legal Techie (Men's Rights Activist)     08 June 2008

Wow,


Thanks a lot Mr. Srinivas for such a detailed description!


Now regarding the procedure I've got some doubts...



  1. You mentioned about the chargesheet being 'on file' before it can be given to the accused. Can you please clarify, what's the difference (practically in today's courts) between filing the CS by the police and getting the CS 'on file'?

  2. As per Cr.P.C. 161 (Examination of witnesses by police), the police is supposed to examin witnesses before filing the CS. But in my case, I'm sure that police have either not examined any witnesses or examined witnesses who were not exactly related to the case at all. Is there a procedure that I can challenge the investigation done by the police to prove that the case is indeed false and made up by the lawyers and police together?


Thanks once again for the detailed writeup!

Srinivas.B.S.S.T ( Advocate)     09 June 2008

i am glad that my knowledge is useful to you, now regarding your doubts


1) it is not mandatory for a magistrate to accept the charge-sheet filed by the investigating officer as it is, if there are som miscrepancies in the charge-sheet such as sufficient number of copies are not furnished etc the magistrate has a right to return the same causing objection and after the said objection is completed the same will be taken on file and summons will be issued to the accused. Hope your doubt is cleared.


2) In the cases of 498-A the first witness will be your wife, after that your in-laws and persons who have knowledge of passage of dowry (such as marriage elders) will be cited as witnesess. In the case of physical harassment allegations the persons residing next to you or who can have knowledge of such harassment will be cited as witnesses. Every 161 Cr.P.C statement will bear the date of examination of the witness. As one of my friend adviced to earlier if you think the police has not conducted the investigation in proper way you can file a petition under section 482 seeking quash of proceedings. But remember the rate of sucess in quash proceedings is very minimal.


Hope your doubts are cleared. If you have any more doubts you are free to shoot them i will always be there to answer. Have a nice time.


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