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498a Discussion Forum - View topic - Counter F.I.R. under D.P. Act 3?
It is currently Tue Jun 15, 2021 12:40 pm



Reply to topic  [ 10 posts ] 
Counter F.I.R. under D.P. Act 3? 
Author Message

Joined: Mon Jul 05, 2010 11:27 am
Posts: 73
Hi,

Any experience/information on this:

If a F.I.R. is filed under D.P. Act 3 and 4 by 498a b****, and the case is pending Charge Sheet, can an application be given to SSP/SHO citing Delhi High Court Judgment CRL.M.C.7262/2006 (http://www.498a.org/contents/judgements ... 2_2006.pdf), to take cognizance of another crime under D.P. Act 3 committed by 498a family on the basis of information and statement given by 498a b**** and investigate both the cases as they are inter-related and to respect the above Judgment?

Thanks.


Sun Oct 10, 2010 3:22 pm
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Joined: Sat Nov 01, 2008 9:25 am
Posts: 80
Yes, U can submit a proper complaint against your 498A Bitch.
In case he does not register counter case U/s: 3 of the DP Act, you may proceed Under Section 156(3) by filing a complaint case in the court of Judicial Magistrate First Class or Metropolitan Magistrate.


Sat Nov 06, 2010 12:22 pm
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Joined: Fri Jan 22, 2010 3:50 pm
Posts: 351
There are cases like me when the B**** has filed 498A in her place which is in another state and that too 500 KM away from my place. In this scenario, it doesnt make any sense to ask police or court to register ? So my question is in case, if we still ask Police or court to register the case, will the case would be between the state govt and B*** or it would be between me ( or any other my relative) or B****? And in case case its between state govt and B***, does anyone from my family has to be there whenever there is any date related to DP3 case?


Tue Nov 09, 2010 11:33 am
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Joined: Sat Nov 01, 2008 9:25 am
Posts: 80
Dear Friend,

There are two separate issue here:

1. If the police register the FIR on your complaint against the girl and family then it will be a case : State Vs The girl & others. and none from ur family need to be present on every date. You or the complainant from your family will be called through proper notice for witness in the Court. Sometimes the IO of the case may call you to record your statement on the matter and your family members before filing charge-sheet.

2. If you get the case register through Court under section 156 (3) then it is You versus the girl & family. In this case you or any one on your behalf has to be present in the court during court proceedings after filing of charge-sheet. Till the time Charge-sheet is not filed, some one need to chase the progress in the matter in Court becoze on every date the IO will be submitting the progress of Investigation.


Tue Nov 09, 2010 12:27 pm
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Joined: Tue Jun 29, 2010 5:51 am
Posts: 46
Hi Friends,
I am not very new comer but still learning so if anyone feel this question is sense less then please foregive me.


1) What Is DP Act 3 ? And what complain i can file ? I mean to ask what kind of alligation i can put in FIR.

2) At what stage DP3 can be used ? I mean my case is running in a court. and chargsheet filed but charges are not framed. For sister discharge application is in court. Can i file DP 3 ? What alligation i can put (i am not asking false alligation, just give some example so that i can understand).

Thanks.


Wed Nov 10, 2010 11:23 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
G.Singh,

Please don't take it otherwise, but these questions have been elebaorately addressed on the forum and you would be better advised to search the same.

Regards,

Shonee Kapoor


Fri Nov 12, 2010 4:14 am
Profile YIM

Joined: Mon Jul 05, 2010 11:27 am
Posts: 73
Dear all,

Thank you for posting your reply.

I have submitted RTI to the concerned police station citing the above judgment to check if the PS has taken cognizance of crime under DP 3 against 498-a family and if not, then why. I filed the RTI mid last month. I know PS won't respond, so waiting for a month to go by before I proceed to CIC. I have submitted another RTI to DGP of the state to seek the same information (in a generic way). I'll post the reply when I get it as it can be used by others too to get the PS to file counter DP 3 (if DGP office approves of it).

The information that neerajkaushik provided is very important to know. I was not aware of the difference between filing the report through police and through court. I think it is better that the case is filed by the PS (State Vs 498a family) since recently another HC Judgment (sadly) quashed DP 3 against 498-a family filed by her husband (through magistrate order).


Fri Nov 12, 2010 7:16 am
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Joined: Mon Jul 05, 2010 11:27 am
Posts: 73
Dear Shonee and GSingh

There is a mention: '...my case is running in a court. and chargsheet filed but charges are not framed.'

What exactly does it mean? I was in the impression that the case moves to the court when the charge sheet is filed (along with the charges).

Is it right that the charge sheet can be filed to the court without the actual charges? If so:
1. why such a provision and under what circumstances this is allowed by the court?
2. who puts together the charges - IO? And by what time limit?
3. Can the IO (after charge sheet is filed), still submit Final Report or a report that no offense is committed Or no evidence is found for the alleged complaint?
4. Can one go about discharge petition if charges are missing in the charge sheet and there is a lapse of 5 months and no charges are formed yet?

Please guide. Thanks.


Fri Nov 12, 2010 7:23 am
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Joined: Sun Jun 29, 2008 4:00 am
Posts: 568

_________________
Read the Surivival Kit - http://ipc498a.wordpress.com/2007/07/01 ... vival-kit/


Sun Nov 14, 2010 8:07 am
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Joined: Mon Jul 05, 2010 11:27 am
Posts: 73
Hello Ron,

Basically I wanted to ask - can the IO submit the challan (to court) without framing the Charges (and the Charge sheet) to the court? Do you know if this is possible? What is a Challan?

Thank you.


Sun Nov 14, 2010 7:09 pm
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