• Audio recordings in 498a case

My wife filed a case against me, charge sheet filed, CC number allotted and recently I got a copy of the charge sheet from the court. 

Charges are 498a, sec 4 & 6 of DP act on A1(Myself), A2(My Father), A3My Mother).
Charges dropped on A4, A5, A6, A7(my brother, his wife and my uncle and his wife who are living in some other cities).

LW1 complainant wife
LW2 Her father
LW3 Her Mother

LW4 to LW9 are some independent witnesses.

I received all the statements of witness and most of them are lies and stories.

Material Evidence submitted to the court is as follows
1. Wedding card
2. Marriage photos
3. Copy of Bank Statements
4. Copy of other photos.(Drinking and party photos).

Now I have two Questions
1. Is there any chance that A4 to A7 can be charge sheeted again as I was threatened by the other party that they will put efforts to file charge sheet on A4 to A7. A4 to A7 has no connection to this case. The case file is out of the police station and CC number is also allocated.
2. There are some voice recordings with them and(2 to 3 CD's). Please let me know is there any chance that these CD's can be added to the material evidence later during trails or during the examination or if any petition filed by the complainant party in court submitting the CD's as additional evidence, as the case has already been sent to court and as per the current charge sheet, there is no CD attached to material evidence.
Asked 6 months ago in Family Law
Religion: Hindu

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8 Answers

They can file protest petition in family court seek further investigations if names of some accused are dropped from charge sheet 

 

2) you can object to additional evidence being brought on record 

Ajay Sethi
Advocate, Mumbai
82096 Answers
5157 Consultations

5.0 on 5.0

1. If the defacto complainant is resorting to file a petition before trial court under section 173(8) Cr. P. C, then,  if the court is convinced,  it may direct police to re-investigate the case and if necessary to implead the dropped accused to case. 

2. The audio voice recording cannot be produced before court as the same is not admissible as primary evidence in court of law,  hence the police have not included them as part of their evidence. 

T Kalaiselvan
Advocate, Vellore
72170 Answers
1078 Consultations

5.0 on 5.0

1. the complainant can file an application under section 319 CrPC at the time of evidence to summon A4 to A7, and, if the court satisfies then the summons acan be issued and they be made a party (accused) to the case

However, everything depends upon the specific role of every person from A4 to A7

FYI, an application for further investigation can also be filed as envisaged under section 173 (8) of CrPC 

2. additional evidence, if relevant, can be submitted at a later stage    

Suneel Moudgil
Advocate, Panipat
2343 Answers
4 Consultations

4.7 on 5.0

1. Once the charges brought against A4 to A7 have been dropped, charge sheet can not be filed against them in the same Police Case with put appropriate Court order. They can file fresh police complaint against  A4 to A7.

 

2. With the consent of the Court the said CD can be submitted by your wife as Digital Evidence. It can not be submitted after examination of evidence starts.

 

 

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
25416 Answers
726 Consultations

5.0 on 5.0

1. No A4 to A7 cannot be implicated into such charges as they are residing into different cities. If the police finds evidence or abets to some false evidence so created against them, then you may prefer quashing petition for A4 to A7 on the grounds that they are falsely implicated in the complaint and they reside in separate city hence were never present at the time of incidents as narrated in the complaint. 

2. CD can be added subsequently irrespective of its incorporation as evidence while framing chargesheet. It is the prerogative of complainant to do so. Yet it can be objected on the grounds of veracity of its source and breach of privacy. 

Pooja Ashar
Advocate, Ahmedabad
197 Answers
2 Consultations

5.0 on 5.0

1. Protest petition can be filed by her , if the ground of involvement of them is maximum ., and further court can direct for re-investigation of the case. 

2.  As per Section 65A of the Indian Evidence Act, 1872 , The contents of electronic records may be proved in accordance with the provisions of section 65B.

Mohammed Shahzad
Advocate, Delhi
6719 Answers
71 Consultations

5.0 on 5.0

1. Has the court accepted the negative final report filed against  A4 to A7? Has the complainant challenged the order of acceptance of final report? If the order of acceptance of final report against A4 to A7 has attained finality then they cannot be charge sheeted.

2. CDs can be produced and exhibited at trial. Evidence not sent with charge sheet can also be exhibited with the prior permission of court.

Ashish Davessar
Advocate, Jaipur
30308 Answers
889 Consultations

5.0 on 5.0

Dear Sir,

My answers are as follows: 

1.     Is there any chance that A4 to A7 can be charge sheeted again as I was threatened by the other party that they will put efforts to file charge sheet on A4 to A7. A4 to A7 has no connection to this case. The case file is out of the police station and CC number is also allocated.

Ans: Once charge sheet is filed normally the people whose names not appears in charge sheet cannot be included again unless the relevant application is filed by the prosecutor.  

 

2.     There are some voice recordings with them and(2 to 3 CD's). Please let me know is there any chance that these CD's can be added to the material evidence later during trails or during the examination or if any petition filed by the complainant party in court submitting the CD's as additional evidence, as the case has already been sent to court and as per the current charge sheet, there is no CD attached to material evidence.

Ans: Unless there is a order of High Court such additional material cannot be produced before the Trial Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
5789 Answers
283 Consultations

4.8 on 5.0

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