Legal Question in Family Law in India

In a false 498a case, there is a list of documents section mentioned in the bottom of the FIR. It was a private complaint given in the Court.

There are 3 things mentioned under "List of Documents"
1. Wedding Card
2. Wedding Photo
3. Copy of Police Complaint

When I applied for certified copy of Charge sheet, I requested for "Copy of police complaint". This is the complaint copy which they gave in PS before going for Private complaint in Court. Court clerk gave the charge sheet certified copy but not the "Police complaint", stating that there is no date, signature of complainant and hence cannot give the certified copy. Is there any way to get this "Police complaint" copy ? I tried putting an RTI to the concerned PS, but they said they cannot furnish it( verbally) as case is not registered and complainant gave the complaint only for counselling. There are some differences between Police complaint and 498A FIR complaint. There are huge amounts being claimed in 498a , that is given as dowry, marriage expenses and Gold, Silver ornaments. Can the differences between allegations made in FIR and "police complaint" be used in favor of accused to say that it is false case or for quashing the case ?

Asked on 10/08/11, 4:27 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You will receive copies of relevant documents alongwith the final report that may be filed by the police under Section 173 of Cr. P. C.; OR, in case of a private complaint, when the court issues process and summons you to face trial. The question of your preparing any defence will arise only thereafter.

Answered on 10/08/11, 4:35 am

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