Can somebody answer this querry of a victim (actually he is victim of false case)
1. I am from Uttar Pradesh but currently staying in Delhi. In 2004, I left my ancestral home and started living in a rented accommodation in the same city. Soon my mother who is a widow and my elder brother also started staying with me in the said apartment.
2. In 2004, my elder brother got married and his wife started living with us.
3. In 2005, I got married and all five of us started staying together (myself+my wife, my brother+his wife and my mother). Soon, my sister-in-law started behaving insanely and kept threatening us of falsely implicating the entire family in dowry related cases. She even wrote a couple of suicide notes to intimidate us.
4. In April 2006, to save us from this torture my brother started staying with his wife in a different locality of the same city. Simultaneously, I & my mother got legally separated from my elder brother & his wife through a ‘Parivarik Vibhajan’ and also got it published in the newspaper.
5. Predictably, my sister-in-law kept threatening my brother of 498a and of committing suicide.
6. In August 2007, one day when my brother was in office, she packed all her stuff, stole all the jewelry and ran off. She also tore off my brother’s educational certificates and employment records. When my brother contacted his in-laws they said she had gone to Delhi to pursue her career and they are themselves not aware of her whereabouts.
7. In September 2007, my brother filled Section9 of the Hindu Marriage Act and even on being sent several summons by the court she did not agree to stay with my brother.
8. In 2008, in-laws of my brother barged inside his house and demanded money by threatening him of false cases. Next day, my brother filled a complaint case u/s 156 against his in-laws on grounds of extortion and threat. Latter in 2010, a bailable warrant was issued to my sister-in-law in this case.
9. Meanwhile, I shifted to Delhi along with my wife and my mother who is a govt servant also got transferred to a different city.
10.In November 2009, my brother withdrew his section 9 and filled for a divorce u/s 13 of the Hindu Marriage Act.
11.In April 2010, suddenly my sister-in-law after a gap of some many years came to my brother’s house along with her family and insisted on staying with my brother. Smelling of a trap, my brother ran away from his house leaving everything behind and checked in a hotel. He immediately sent a letter to all senior police officers that his wife has come to his house with some ulterior motive after almost 3 years and if she does anything in his house he should not be held responsible as he is putting up in a hotel.
12.As expected, the very next day, claiming that she had been staying with her husband in his house she filled a false 498a against me, my brother (her husband), my wife and my mother.
13.In May 2010, we challenged it in the court. My brother, got 15 days arrest stay and same day bail orders from the High Court. Other family members were also granted arrest stay by the court.
14.In October 2010, not being able to send us to jail and tired of her own family member’s criticism, my sister-in-law committed suicide at her parental house. She left behind a suicide note blaming my brother and his family (Tum aur tumhara parivar meri maut ka zimedar hai) of the irreparable complications in her life. She did not mention a single word of dowry in her suicide note. In-laws of my brother got an FIR lodged u/s 498a, 304B and ¾ DP Act naming me, my wife, my brother and mother.
15.My brother surrendered immediately and has been languishing in jail since then.
16.Even though we were not staying in the same city and had not even heard of her voice since April 2006, the High Court rejected our arrest stay (AB) application. My lawyer also argued on the fact that we had got legally separated from them (brother & sister-in-law) and even got it published in the newspaper but the court did not consider it fit enough for granting arrest stay (AB).
17.We are absconding since October 2010 and are planning to appeal against the High Court’s order in the Supreme Court.
18.On the other hand, NBWs have been issued in our names (myself, my wife and mother) and now 82 has also been filled today.
19.We have collected statements from 10 independent witnesses in the form of affidavits stating that the girl was not even staying with her husband leave aside other family members who stay miles away. These affidavits have been submitted with the I.O. but he is not ready to incorporate them in the investigation.
20.I have lost my job and am in debt over my head. Please suggest what should I do?
My Queries
- Police is going to file 83 soon. None of us have a property in our names and I have also vacated the rented flat where I was putting up in Delhi. Can the police target my ancestral home where my uncles are residing? Also, I am expecting my PF claim to be credited in my salary account shortly, will my accounts also get seized after police files 82/83?
- I am trying to get my brother bailed out but my lawyers are waiting for a good bench as most of the judges are very rigid when it comes to 304B. What do you reckon are his chances of getting a bail from the High Court? His bail from session court has already got rejected.
- People tell me that considering the background of this case, the FIR should have been lodged u/s 306 instead of 304B. Even the High Court while rejecting our arrest stay has said that “as to whether this case falls under the parameters of 304B is a matter of investigation.” Police has also realized this and might file a charge-sheet in 306. Is it better or worse than 304B? I am told the burden of proof in 306 is with the investigating authority which is very dangerous. Please suggest should we pursue police to convert this case into 306? If yes what would be the process for police to do so?
- Finally, incase the Supreme Court rejects our appeal for Anticipatory Bail, will it have an impact on the trial/bail?
A_man Fighting for Justice
304B - Deadlier menace than 498a.
2. In 2004, my elder brother got married and his wife started living with us.
3. In 2005, I got married and all five of us started staying together (myself+my wife, my brother+his wife and my mother). Soon, my sister-in-law started behaving insanely and kept threatening us of falsely implicating the entire family in dowry related cases. She even wrote a couple of suicide notes to intimidate us.
4. In April 2006, to save us from this torture my brother started staying with his wife in a different locality of the same city. Simultaneously, I & my mother got legally separated from my elder brother & his wife through a ‘Parivarik Vibhajan’ and also got it published in the newspaper.
5. Predictably, my sister-in-law kept threatening my brother of 498a and of committing suicide.
6. In August 2007, one day when my brother was in office, she packed all her stuff, stole all the jewelry and ran off. She also tore off my brother’s educational certificates and employment records. When my brother contacted his in-laws they said she had gone to Delhi to pursue her career and they are themselves not aware of her whereabouts.
7. In September 2007, my brother filled Section9 of the Hindu Marriage Act and even on being sent several summons by the court she did not agree to stay with my brother.
8. In 2008, in-laws of my brother barged inside his house and demanded money by threatening him of false cases. Next day, my brother filled a complaint case u/s 156 against his in-laws on grounds of extortion and threat. Latter in 2010, a bailable warrant was issued to my sister-in-law in this case.
9. Meanwhile, I shifted to Delhi along with my wife and my mother who is a govt servant also got transferred to a different city.
10.In November 2009, my brother withdrew his section 9 and filled for a divorce u/s 13 of the Hindu Marriage Act.
11.In April 2010, suddenly my sister-in-law after a gap of some many years came to my brother’s house along with her family and insisted on staying with my brother. Smelling of a trap, my brother ran away from his house leaving everything behind and checked in a hotel. He immediately sent a letter to all senior police officers that his wife has come to his house with some ulterior motive after almost 3 years and if she does anything in his house he should not be held responsible as he is putting up in a hotel.
12.As expected, the very next day, claiming that she had been staying with her husband in his house she filled a false 498a against me, my brother (her husband), my wife and my mother.
13.In May 2010, we challenged it in the court. My brother, got 15 days arrest stay and same day bail orders from the High Court. Other family members were also granted arrest stay by the court.
14.In October 2010, not being able to send us to jail and tired of her own family member’s criticism, my sister-in-law committed suicide at her parental house. She left behind a suicide note blaming my brother and his family (Tum aur tumhara parivar meri maut ka zimedar hai) of the irreparable complications in her life. She did not mention a single word of dowry in her suicide note. In-laws of my brother got an FIR lodged u/s 498a, 304B and ¾ DP Act naming me, my wife, my brother and mother.
15.My brother surrendered immediately and has been languishing in jail since then.
16.Even though we were not staying in the same city and had not even heard of her voice since April 2006, the High Court rejected our arrest stay (AB) application. My lawyer also argued on the fact that we had got legally separated from them (brother & sister-in-law) and even got it published in the newspaper but the court did not consider it fit enough for granting arrest stay (AB).
17.We are absconding since October 2010 and are planning to appeal against the High Court’s order in the Supreme Court.
18.On the other hand, NBWs have been issued in our names (myself, my wife and mother) and now 82 has also been filled today.
19.We have collected statements from 10 independent witnesses in the form of affidavits stating that the girl was not even staying with her husband leave aside other family members who stay miles away. These affidavits have been submitted with the I.O. but he is not ready to incorporate them in the investigation.
20.I have lost my job and am in debt over my head. Please suggest what should I do?
My Queries
- Police is going to file 83 soon. None of us have a property in our names and I have also vacated the rented flat where I was putting up in Delhi. Can the police target my ancestral home where my uncles are residing? Also, I am expecting my PF claim to be credited in my salary account shortly, will my accounts also get seized after police files 82/83?
- I am trying to get my brother bailed out but my lawyers are waiting for a good bench as most of the judges are very rigid when it comes to 304B. What do you reckon are his chances of getting a bail from the High Court? His bail from session court has already got rejected.
- People tell me that considering the background of this case, the FIR should have been lodged u/s 306 instead of 304B. Even the High Court while rejecting our arrest stay has said that “as to whether this case falls under the parameters of 304B is a matter of investigation.” Police has also realized this and might file a charge-sheet in 306. Is it better or worse than 304B? I am told the burden of proof in 306 is with the investigating authority which is very dangerous. Please suggest should we pursue police to convert this case into 306? If yes what would be the process for police to do so?
- Finally, incase the Supreme Court rejects our appeal for Anticipatory Bail, will it have an impact on the trial/bail?
A_man Fighting for Justice
304B - Deadlier menace than 498a.
