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Mani123456 (Engineer)     23 May 2011

Can my parents be included as accused again in 498a

Hi,

 My wife filed 498a against me around 1.8 year ago. Police dicharged my parents and Now

I only will be facing the trial soon. I have come to know that during the evidence time of trial

My parents could be included again and may have to face the trial with me? Kindly let me know

on what basis this can happen?

 

      Also in 498a oral evidence in the form of stamements made by my wife and her relatives are sufficient

to prove me guilty? If this is so, then my wife can tell n number of false things to the court and court will

accept it????

Regards

Mani   

 



Learning

 3 Replies

Chanchal K. Singla (Partner)     23 May 2011

Once your parents have been exonerated by the police i.e have been found innocent during the investigation and has been placed in coulumn No. 2 of the final report under section 173 of Cr.pc, they would be treated as persons who have not been made accused at all. They will not have to face the trial even if allegations have been made against them in the FIR.

 Yes they can be summoned  as additional accused by the court by invoking the provisions of section 319 of cr.pc if there is fresh evidence aginst them during the course of trial i.e some witness depose aginst them.The latest law on the point is that evidence should sufficently convince the court that evidence in question is likely to lead to the conviction of the the person to be summoned. Magistrates tend to summon additional accused in ordinary course, so even if your parents are summoned revision before Sessions Court and 482  Cr.pc before High Court is advisable. I do not agree with the erlier reply that protest petiton is right course of action.

Oral evidence has to face the the test of scrutiny by the court and also by cross examination and defence evidence by you. So, dont worry and prepare reply to allegations.

All the best.

nidhi sharma ( student)     23 May 2011

Information given by 498 victim is completely true

Arup (UNEMPLOYED)     23 May 2011

"If she is not protesting the discharge of ur parents then they are discharged from the case and later on they cannot be made accussed."

 

---   it is not exactly so that matter depends upon the wife.

at the witness stage, if such witness or evidence comes before the mazistrate that the parents are involved in the matter, then the magistrate may call the parents.

"let me know on what basis this can happen?"

the above is the reason.


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