Post-498a- Getting a fair investigation done!

To get police to do a fair investigation is a very crucial step to have a chance of getting a B-report(clean chit) from the police(like in Prashant's case: http://ipc498a.wordpress.com/2008/06/07/investigative-excellence-the-closing-of-the-498a-case-against-actor-prashant ).

Do not think its rare so unworthy trying for, only if more and more people pursue and attain this, will the system as a whole get cleansed. So try it with all your might, if not a B-report the chargesheet will be full of investigative points favourable to you, which is good enough to get clean in court and then book the law miusers in court.

But approaching HC for getting fair investigation alone could be avoided if people are aware of some effective alternatives which were discussed in this forum some time back. The discussions earlier were about submitting evidences and investigation points(possible witnesses, facts, etc., which if investigated will be in favour of the accused) from the accused side.

The accused have to submit these evidences, etc. to the investigation officer(Copy to higher police officials, to keep up the pressure and to ensure a supervised process) and get an ackowledgement copy of these submissions.

The judgement mentioned in the post below(of Madhya Pradesh High Court about evidences provided by accused has to be incorporated in the chargesheet/final report the police submits to the court)also should be cited along with the evidences submitted by the accused for additonal pressure on the police to comply and do a fair investigation.

If and when the chargesheet is submitted to the court without incorporating the findings of such investigations(As pointed out by the submissions of accused), the accused should point out this descrepancy to the court/higher police officials and the court/higher police officials in turn can order the police to further investigate in the line of the submitted facts/investigation points by accused.

This procedure is desirable than a long drawn 482 proceeding(for just getting a fair investigation done) , which should be attempted only as a last refuge(after doing the above said procedures).

This should be our next action point since pre-498a scenario is now controllable with the delhi/hyderabad police circulars and the latest chennai HC guidelines(http://at498a.blogspot.com/2008/04/arrest-guidelines-in-case-of.html)

Now we have to find that judgement, so that it can be attached to the submissions which an accused can give the police station, higher-ups, courts etc.

Lets make this system water tight from all sides possible.

The next step is to get the courts to conduct cases in a timely and effective manner, some study of the court system(processes involved : cradle to grave of a any case) is needed. After which we can volunteer as NGOs for implementing the findings of the study( to make the system and its processes optimum and effective). We had thought of video conferencing and confirmation of date by mobile/sms etc as some avenues of making the system effective- this is the need of the hour, since the pain after bail is of the futility and drudgery of courts!.

We need to do a System overhaul... if not we, who else?!, if not for our children... .


--- In saveindianfamily@yahoogroups.com, its your guy wrote:

Section 482 can be used for purposes more than just quashing. 482 section is a
vast section which gives immense powers to the HC and many things can be done
through this section apart from quashing.

In a Petition u/s 482 for Fair Investigation and quashing filled by accused
husband the Madhya Pradesh High Court has ordered the Police to consider all the
doccuments provided by the accussed to the Police in his defense and to make all
these doccuments a part of the challan/charge sheet even though the
challan/charge sheet was already filled by the police without these doccuments.
The doccuments provided by the husband were Photographs of happy married life,
his earlier police complaints regarding threats of false cases, telephone
conversations of his wife, and many other bills and doccuments which proved his
innocence and also disproved the allegations by the wife..

This is a landmark case and all 498A guys should approach the Police and then
the high court demanding FAIR INVESTIGATION u/s 482. Demand for justice/ fair
investigation should be put up before the Police before they File the charge
sheet.

Regards

Arrive with guns blazing-Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Subject: Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Hi All,

Option 1- Before chargesheet; You can give evidence to Police and ask for a report of dismissal(Type A report - no evidence to make a case of 498a, or Type B report- stating that the Allegations are false!, both of which happens only in rarest of rare cases(zero probability almost) , because police are shit scared of women org, women and generally won't burn their hands in these matters).

Next option 2->Before chargesheet is given by police to the court-Quash it at the same court(don't know the section of Cr.PC for this), or High court/Sessions(Cr.PC 482), showing major fractures in allegations which do not need trials, and are self-evident.

Next Option 3->Apply for dismissal after chargesheet is submitted to the court(Cr.PC 239(see the bottom of this post for explanation), Guptaji will elucidate about this beautifully :). The only motivation for waiting till chargesheet to get submitted in the court, is that after this the police cannot make the charges more deadlier against you(fudging it with more unfavourable charges), and since usually police can be bought by the other party and could be made to add more charges and unfavourable stuff in the chargesheet, if they decide to counter your attempts of Options1 & 2.

Counter cases can be filed at any time(though waiting till chargesheet is submitted to the court is advantageous in some ways). Though Advocates rarely recommend it or agree that this is even a possibility before a "verdict" on the 498a case is declared in full(possibly by Supreme court, if the other party decides to appeal until the Top court!). See this post for IPC sections which could be used in your counter cases, considering the facts of your specific case.

This is 'could' be just because 1) they do not want 'their' cases to end that "easily" and hence lose the opportunity to feed on your insecurities(with all respect to the good advocates here, if u feel that my observations are not constructive or right, please do correct me for the general good). 2) Another reason why advocates do not take initiatives for counter cases is because some of them are truly 'incapable' and ignorant about these matters in their rat race of "setting" and "greasing" kind of lowly ways of "practice" and their intellectually-bankrupt-to-the-core schools of thought!. 3) Another reason why lawyers do not seem to do any thing which can give you sure and swift results is that everyone is hand in glove with every other advocate, so they won't demolish the case of their loving counterparts who could be lawyer pals of the same court(you scratch my back, I scratch urs!- fraternity and emotional bonding issues!!!).

I am making it clear that I am not talking about good advocates of caliber and integrity, who if appointed will do wonders for your case- but I am yet to meet such an advocate in my sojourn of 4+ years in these torrid rapids.

Warm Regards,

Gokul - http://gokul.go.to, 9821414336(Mumbai)

PS: Cr.PC 239: When accused shall be discharged.- If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

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need guidance Posted by: "yangaldaspk" Thu May 10, 2007 11:39 am (PST)
hi
i am 498a-ed. i got AB for my parents and sister and self. have proof that case is false. should i file 182 ipc or wait till chargesheet is failed.it is clear case of misuse of laws, and waste of time for police and courts.how can i proceed from here. can i file counter cases.