False chargesheet by Police under IPC 498A and IPC 406.


1 Police chargesheeted the defendant under IPC 406 without any bills or other evidences or even a proper admit list of complainant. Should the defendant complain to CM/ DGP or should try to get it quashed? 2 Police chargesheeted defendant under IPC 498A without any MLC and without any evidence showing danger to life or limb of the complainant by defendant. Is police wrong in chargesheeting defendant under IPC 498A 3 If Police has already submitted the chargesheet, are they in position to play any mischief if any RTI or legal action is taken against them 4 In Chargesheet, complainant claims a certain cash amount of complainant snatched by defendant thought the same claim is not part of the FIR. Can a chargesheet be written in this way? 5 In CrPC 482 quash petition for IPC 498A, are no evidences no matter how overwhelming are weighed at all while deciding the petition 6 What is best, to submit evidences in court at first opportunity or after final cross exam?

Answers (1)


269 votes

Dear Anonymous,
Here is the pointwise answer to your queries:
1. The best option is to get the FIR quashed by the High Court.
2. No police is not wrong in that regard. The police can charge the accused person if it is satisfied in any way that the accused is guilty. However, if the chargesheet does not provide sufficient ground for action then it can be quashed.
3. Please be clear with this question. Specify as to what action you want to take against the police. If you take any legal action, the police won't commit foulplay unless the police officer is involved with the complainant wrongfully. However, a crooked policemen can harass you in many ways with this sort of case.
4. Charge sheet can only mention the relevant sections of law under which the crime has been commited. If the section is not available, only then the chargesheet can mention the crime under words. FIR in the other hand can mention such things.
5. No, the High Court doesn't weigh evidence while deciding the petition.
6. This question is very subjective. I can answer only after being provided with further facts.
Feel free to contact for detailed consultation.


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