NM (j) 04 February 2016

Reinvestigation and a false 498

My wife registered a 498a/406 case against me and my brother in October-2014 after receiving all the streedhan while a joint petition u/s 13(b) was still pending. The joint petition was later jointly withdrawal in January-2015 due to non withdrawal of cases. The closure report was submitted by the I/O in July-2015 which has nullified all her allegations. Later, she requested the court for a reinvestigation, and filed a fresh divorce petition under cruelty. The highly influential family and my wife made me arrested with the new I/O, when I refused to come again u/s 13(b). Now I am on regular bail. My wife has done adultery, and now making false allegations. What should I do now?

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19 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 04 February 2016

Sir,

She has no right to ask for reinvestigation, at the maximum she can file a protest petition.

Warm Regards

Kapil Chandna Advocate

9899011450

NM (j) 04 February 2016

Sir, as my wife's family is very very influential (his uncle is Comissioner), they have made me falsely arrested through the I/O and SP. The court itself has given orders to re-investigate, through a different I/O, who will definately give a new opinion in her favour. This is for Sure.......

NM (j) 04 February 2016

Thanks, I don't think if whatever I have with me can proof adultery, but i am sure i can win 498a. but the ongoing trauma is very very high i think.........

SuperHero (Manager) 05 February 2016

Good Luck!!! Time and Tide Waits for None.

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 ) 05 February 2016

Mr. NM

First and foremost fact is that Court has no power to direct the police to reinvestigate the matter. As per Section 173 of Cr.PC, a court can direct police only for further investigation.

Secondly, you are on bail, join the trial and need not to panic as the criminal trial it is up to the prosecution to prove its case beyond doubt. The burden of proof is upon the prosecution rather upon you.

Finally, you must also face divorce case filed on the ground of cruelty. it is again on your wife who has to prove the allegation of cruelty.

NM (j) 12 February 2016

"Estranged wives seeking transfer of cases, filed by husbands, to their places of residence has become the order of the day. We had become too liberal in acceding to their requests. But the husbands also have a right. Why the husbands should be always made to suffer," the bench asked and indicated that it would from now on take into account merits of the husbands' plea against such requests by wives seeking transfer of cases. A bench of Chief Justice H L Dattu and Justice A K Sikri. Any one has this judgement?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 12 February 2016

Burden to prove lies on prosecution however your target should be to prove the precaution as false and malicious intent hence please file perjury for judicial inquiry on complainants.

Police challan has been sent already u/s 173 CrPC hence no scope of reinvestigation.

Future investigation will be done if you file perjury against the complainant.

Money already jointly withdrawn and taken by your wife right (and May given commission to dishonest/misleading lawyers of both sides and judges)?

So for bigger extortion she (lawyer’s brain working behind) is pressurizing right?

So this will continue in recurring way.

I have already stated the drawbacks of mutual consent divorce in my profile.

Why people don’t understand this ????!!!???!@#!??

Anyway, may be one day people will understand my points,

Please see my profile for sample petitions and FAQs.

NM (j) 16 February 2016

Is Challan and Chargsheet are SAME?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 16 February 2016

Challan contains entire list of police investigation like – FIR, Final Charge Sheet, Seizure List / Streedhan List, Case Diary.

NM (j) 17 February 2016

What is the time limit upto which the Final report / Challan / Chargsheet must be filed by the I/O in an FIR u/s 498a?

NM (j) 14 April 2016

Till date 18 Months has passed, the police has not able to complete their investigation. How i come out from this case? What is the time limit upto which the Final report / Challan / Chargsheet must be filed by the I/O in an FIR u/s 498a?

NM (j) 30 April 2016

Can this FIR u/s 498a be quashed at present? and by whome?

(Guest)

Why are you in hurry to get chargesheet? Submitting chargesheet is responsibility of police, let them worry about doing their job. You don't have to do anything at this time other than living in peace. Once chargesheet is filed you can see what the charges are and who is witness, then you can plan your defense. It is very unlikely for false charges to withstand the rigor of trial. Work with an experienced lawyer and defend the case whenever it starts. Sit back and relax for now. Most (98%) 498A/406 cases end in acquittal.