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Can i send statement to IO via post, email and whatsapp (no 41 notice)
30-Sep-2024 (In Criminal Law)
Wife filed false FIR 600 kms away(with no evidence) sections 498A, dowry (3 & 4), & 506. she claims me & my father demanded dowry, abused her, and threw her out with threats to kill (though my father was in another city that day). WhatsApp chats reveal her real motive was to separate me from my father & to take revenue of my police complaint. The IO is threating me & calling me for signature & statement. Can I send statement on affidavit & video? Io not serving 41 a notice. can she arrest us
I understand your query related your case and you have cooperative with IO in her investigation. Also you have to follow al the rule and regulations as per law. If the chargesheet will be file by IO before court then you will take your defence but before filling chargsheet you don’t reveal your defence to IO and IO should be move a notice of 41 A for appearance. You should follow and not take lightly.
If you need any help from me you can contact me freely at anytime to Advocate Himanshu Jain
Delhi NCR
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Adv. Himanshu Jain
Delhi | 100+ Answers
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You can challenge the FIR through legal remedies like filing for quashing under Section 482 of the CrPC if it is indeed false and based on no evidence. Regarding the Investigation Officer's (IO) actions, the police must follow due procedure, including serving a notice under Section 41A of the CrPC, especially when arrest is not necessary. If they fail to serve the notice, you may approach the higher police authorities or the court for relief.
As for sending statements via affidavit or video, while this may help show your cooperation, it's advisable to provide any evidence directly during the investigation or via your legal counsel, rather than opting for informal submission. It's important to seek anticipatory bail to prevent any arrest if the fear of arrest is imminent. Document all interactions and gather evidence to support your defense, including the WhatsApp chats that show the ulterior motive.
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Adv. Qausar Khan
Delhi | 50+ Answers
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If your wife filed the case , in this case police cannot arrest , she has filed false case , you need to defend your case with yourself or through your advocate. if your wife files any case far from you , you can file transfer petition in supreme court
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Adv. Mukesh Kumar Sah
Delhi | 200+ Answers
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Do engage a lawyer having expertise in matrimonial laws and seek his considered opinion going forward. Do represent yourself through an Advocate and act as per his advise only. One bad move Will ruin your case.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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