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Raj.K (Manager)     08 July 2012

Trial proceedings on 498a...can perjury be filed?

On our false 498a case, chargesheet is filed under crpc 173...all fir allegations false and cannot be proven because they are contrary to facts (strong evidences available against each allegations). chargesheet also mere-copy paste of fir and mentioned only reason is prima facie found based on 'facts and evidences collected during investigation'.

And on another point on chargesheet it is mentioned NIL for any material relied upon for making charge.

MISSING info is that there are NO DATES mentioned for any of the alleged false incidents?just a mere mentions that incident happened in so-so month in fir and same copy-paste. This is clear case of no investigation also done.

I would like to know...

 

1)what all documents should be given for accused to defend his case in trial? i believe certified copy of FIR, Chargesheets, Case Diary part 1 and part2. Please confirm. we were not given part1 case diary which i believe is clear indication of corruption involved as no investigation is done and no material to support false allegations. Now IO and opposite party is making hectic efforts asking my parents to go for settlement and pay n lakhs instead of going for trial for years! But we are determined to fight to end.

 

2)now how to i get part1 case diary? or if its empty record (not filed! as i know is the case here), can i file writ in HC asking for certiorari and quo warranto as all the alleged incidents are actually out of jurisdiction in different state?

3)can i ask through RTI filed on IT or through some petition to HC asking for what investigation is carried out and what material relied for each alleged incidents?

 

4)can i ask HC to stay all trial procedings until investigation details are furnished by IO or RTI response is given? 

 

5) apart from FIR allegations, IO has added a new allegation which can never be proved! Strong evidences in contrary. Now can we file perjury on complainant, their witness (complainant parents only) and IO also(she mentions herself as another witness under crpc 91 and 340?

 

Thanks

Raj

 

 

 

 

 

 



Learning

 4 Replies


(Guest)

Dear Raj,

On the basis of rulings delivered by Apex Court, there are rulings delivered by Other High Courts. It says that Filing false case as against the husband amounts to cruelty. Even apex court has ruled that where a case of 498-a filed by wife was false, they can be sued for perjury.

U/s 173 Cr P C, the report is submitted which contains the chargesheet. Chargesheet is nothing but compilation of the case diary. Chargesheet comprise of FIR (printed format), copy of complaint (written or oral), spot panchnama, inquest panchnama (in case of offences related to death), statement of witnesses, supplementary statements if any recorded, arrest form of the accused persons, seizure form, if any property is seized from the possession of accused, medical reports, if any injury was there to victim. requisitions sent by the police for MLC, CA etc.

If you have a grievance that the investigation has not conducted properly then you can file Criminal Writ before High Court. No, High Court does not stay the proceedings just like that unless a case is there before it for quashing of FIR or Charge-sheet or where it is alleged that proper investigation has not taken place in the matter.

If there are contradictions and omissions in the statements and the dates don't tally as to happening of incidence, this is a positive sign for you to cross-examine the complainant and witnesses. The statements recorded by the police u/s 161 of Cr P C needs to be corroborated by the witness at the time of evidence. If a new story comes into picture it is taken as a after thought and development which is not corroborated by the statements of witnesses recorded by police.

 

2 Like

Raj.K (Manager)     09 July 2012

Thanks a lot Yougesh ji...from what you explained i see my CS seems a lot fit case for writ petition...

There are about 15-20 allegations saying so-so incident happened in x month in fir and chargesheet is copy paste.....There is NO HEAD (any specific dates of incident happened) and NO TAIL (not a single piece of material evidence to support the happening because its fact they have not happened!) even after investigation other than final date of wilful desertion by xwife.....i believe there should be at the least a HEAD or specific incident and date of occurance to be given to accused to allow for defending it in trial...afterall a person cannot be available also in 2 places at same date/time!

It will look foolishness to charge someone of a murder and ask him to defend himself in a trial without telling him when/whom/where he has murdered and case is so made stupidly like if accused says he was travelling in that city on so-so date then IO will say then murder happened on that day, in that city and by this accused:)

Thank you for your valuable guidance.

ABHISHEK B (Bekaaar)     12 July 2012

Hi Raj,

I am in a very similar boat as you are...can you please pm your contact number ?

 

Harsh (Manager)     08 June 2013

@experts

any special reason why many advocates dont suggest to go for FIR/chargesheet quash even when the FIR is very very weak? The best they would suggest is quash for others (not A1).

thanks


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