Legal Question in Family Law in India

498A and Thet case

Sir,

My file filed a false compplaint on all our family members and all our family members are on bail. And since she has taken away with her all the gold of our family(just ran away from our parents house and filed when i was not in india). Though we complimed about the gold, the police didn't take it.So we filed a private case in the court. there are witnesses. But the police people put false information saying that there no gold was taken away by her and submitted in the court. Pl tell me how to proceed in the court so that 1. she must be arrested 2. Or atleast the case has to be registered. The police didn't investigate properly and didn't enquire the actual witness. Even the lawyer also doing some favour for them as it is a rural area and they have good political rapport there. Pl tell me my next proceedings such that the theft case hase to be filed even though the police given wrong investigation report. IS it possible to request the magistrate to reinvetigate?


Asked on 11/05/07, 3:25 am

6 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: 498A and Thet case

generally such cases are made in matrimonial disputes. i would suggest to get it resolved with mutual understanding.

otherwise you too can file many counter cases to pressurise them.

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Answered on 11/07/07, 12:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 498A and Thet case

Even if she has taken away the gold/ jewellary, that does not amount to theft.

your case for theft cannot proceed.

better you compromise the matter with her and try to get rid of the criminal proceedings instituted by her under section 498-A.

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Answered on 11/05/07, 9:07 pm

Re: 498A and Thet case

These days 90% dowry cases are false.You may lodge/file a complaint case with magistrate as provided under section 156(3) Cr.p.c. and can ask for registration of FIR and further investigation.You may also approach the High cort of your state by way of writ petition.In case of need contact with details.Professional charges are applicable.

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Answered on 11/05/07, 3:32 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 498A and Thet case

You lodge a complaint under section 156 (3) Cr.P.c.. Please contact personally. Professional charges are applicable.

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Answered on 11/05/07, 5:47 am
Amit Shukla AS and Associates Legal Services

Re: 498A and Thet case

You can lodge a complaint under section 156 (3) Cr.P.c..More more advice contact personally.

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Answered on 11/05/07, 8:49 am
rajeshwar sharma rajeshwarnathsharma

Re: 498A and Thet case

Change the lawyer.

Inform the court against the partilialty of the police.

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Answered on 11/08/07, 10:49 pm


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