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Understanding 498a

(7 posts)
  • Started 7 years ago by sun_tzu
  • Latest reply from My Nation Siliguri

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  1. sun_tzu
    Member

    I have a false 498a case against me and my family. The FIR has been filed and it is in the investigative phase. There is pretty much no investigation as the police already knows it is a fraud case and it looks like the police were bribed by my in-laws.

    We have provided relevant proofs and the case does not have much ground. However the police inspector is preparing to file the chargesheet against my family.

    Could somebody pls answer the following questions for me?

    1) After investigation is done who decides when and what charges to file. Is this done by the ACP (Assistant Commissioner of police) level or above?
    2) Can somebody participate in the investigation and try to question the proofs provided to the police from the girls side?

    Thanks in advance

    Posted 7 years ago #
  2. D.Kumar
    Member

    Common practice is to charge everybody mentioned in the FIR. Most common charges are 498A,406,323,34IPC. Generally speaking, no one will consider any proof from your side at this stage. No one will question about the authenticity of the proofs submitted from other side. If you have a 'say' in the PS where the FIR got registered, you may get a few names dropped from the FIR after showing some relevant proofs.

    Posted 7 years ago #
  3. Adv.Kachave
    Blocked

    You have to protect yourselves by filing Ant. bail & quash fir by moving bfr high court, you try your level best
    http://www.jaihindlegal.com 9821387099, 9224799546.

    Adv.Ramchandra N.Kachave
    98, 2nd floor, Esplanade Mansion,Kala Ghoda, Near City Civil Sessions Court,
    Mumbai-4000023
    Posted 7 years ago #
  4. sun_tzu
    Member

    Adv Kachave...Thank you for your advise. We have got the AB and the case is in the investigation stage. I am trying to understand the process of investigation and chargesheet. If you could pls outline the steps before a chargesheet is filed. I am assuming the police inspector handling the case files a report with charges and sends it to his superior (ACP or DCP) for authorization?

    Posted 7 years ago #
  5. mukesh_ynr
    Member

    Hi,
    Check the Yahoo Group : 498aictimharyanasiff
    go to File section andFind a folder - Fight 498a and get enough information
    Mukesh Soni
    9899005482

    Posted 7 years ago #
  6. mukesh_ynr
    Member

    Yahoo Group Name : 498avictimharyanasiff

    Posted 7 years ago #
  7. The best thing for you would be to get a copy of the FIR and on that basis of ti file for an anticipatory bail.

    If your wife puts false allegation on you and if she fails to prove it during the cross examination then things will be worse for her, so do not worry much.

    You may also explain the matter and get in touch with local authorities , write down a brief of your situation and distribute to all. and get a received copy from everyone. send a copy to the President of India also through registered post.
    Get in touch and build relation with the ASI and IC and OC. Meet the ASP, SP and IG. If there is a woman cell 'Asha Counselling' usually it is there in the Police Station , then meet the OC over there, explain the matter to her (usually the OC at Asha Counselling is a female officer). Always take the matter in writing .

    You have to help your self a lot, forget everything and just focus on this problem. gather evidence like:recordings, photos, videos, letters, prescriptions, almost anything and everything. Get determined to tackle this situation. Do not get afraid, tensed or depressed. Maintain your health as health is wealth.

    Posted 7 years ago #

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