- This topic has 6 replies, 1 voice, and was last updated 10 years, 7 months ago by Anonymous.
02/08/2010 at 3:52 AM #343AnonymousGuest
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
02/08/2010 at 8:18 AM #1740AnonymousGuest
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.
03/08/2010 at 9:46 AM #1741AnonymousGuest
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.
04/08/2010 at 1:32 AM #1742AnonymousGuest
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?
04/08/2010 at 3:11 AM #1743AnonymousGuest
Check the Yahoo Group : 498aictimharyanasiff
go to File section andFind a folder – Fight 498a and get enough information
04/08/2010 at 3:11 AM #1744AnonymousGuest
Yahoo Group Name : 498avictimharyanasiff
04/08/2010 at 7:57 AM #1745AnonymousGuest
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.
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