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How many of you are planning to fight your cases in-person

Page no : 6

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 November 2014

Thank you very much Mr. Umesh for your courage.

 

If all victims comes forward like this then only these biased law and corruption in judiciary system with go away.

 

Self help is the best way.

 

Help yourself and the nation.

 

Good Luck!

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 November 2014

Mr. Venkata Peddi,

 

Sample perjury petition is in this thread.

Siv (engineer)     03 November 2014

Hi All,

I am appearing Party-In-Person in my 498A case.... I am accused-A1/Husband.

I believe that the Examination of accused U/s 313 CrPC in my 498A case is improper and the relevant details are below and pleased make comments.... Thanks in advance.

 

1.   Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.1 deposed that her marriage with you A1 was solemnized on 11/11/2007 at HMT Satawahana High School, KPHB according to their cast and customs and at that time her parents gave land worth of Rs. 40 Lakhs, Net cash of 3.0 Lakhs and 80 Grams gold to you on demand” is:

 

  1. Not disclosing specific dates, time and place of alleged dowry demand occurrence and these details are required for the petitioner/accused to identify the most relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused.

 

  1. Not disclosing specific dates, time and place of alleged dowry giving or taking occurrence and these details are required for the petitioner/accused to identify the most relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused.

 

  1. Not clear about start date and end date of alleged time period during which alleged dowry demand was happened.

 

  1. Not clear about start date and end date of alleged time period during which alleged dowry giving was happened.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

2.   Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.1 further deposed that you A1 was working as Software Employee at Bangalore and used to visit our house at week end. A1 whenever use to visit our house he started demanding amounts and abused me and my parents in filthy language and removed SIM card took the same and restricted me to make phone calls” is:  

 

  1. Not disclosing specific dates, time and place of alleged allegations/incidents occurrence and such circumstances are not enabling petitioner to identify and bring all relevant materials/ documents/witnesses to bring before Hon’ble Court to disprove alleged allegations/incidents, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not clear that whether the word “weekend” is referring every week or any other specific dates.  

 

  1. Not clear about the start date and end date of alleged time period during which this alleged incident is allegedly happened.

 

  1. Not clear about the total number of times the petitioner allegedly visited Hyderabad.

 

  1. Not clear about the total number of times the petitioner allegedly beat the PW.1 at Hyderabad.

 

  1. Not disclosing the details of the particulars of the amount that is allegedly demanded as alleged in this allegation.

 

  1. Not disclosing the details of the SIM that was allegedly taken by Accused-A1/petitioner.

 

  1. Not disclosing alleged time period during which petitioner/Accused-A1 allegedly restricted PW.1 by not making phone calls.   

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

3.   Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.1 further deposed that in the year-2008, A1 telephoned to the land phone of my parental house and asked me to stop my training and to look after his parents at his house, but I refused to do so, as I have to complete the said training within short period. A1 also visited my training center and made galata and also quarreled with us at our house for which we convened a panchayath” is:

 

  1. Not disclosing specific dates, time and place of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/ documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not clear about the start date and end date of alleged time period during which this alleged incident is allegedly happened.

 

  1. Not disclosing the telephones used by PW.1 and petitioner during the alleged incident.

 

  1. Not disclosing about the start date and end date of alleged time period during which this alleged galata incident is allegedly happened.

 

  1. Not disclosing about the reason for alleged galata at the training center of PW.1.

 

  1. Not disclosed time and date of alleged panchayath occurrence.

 

  1. Not disclosed the people present in alleged panchayath.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

4.   Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.1 further deposed that my parents presented articles at Bangalore for our living at Bangalore. After some time, the other accused reached Bangalore and also harassed me by way of making comments that they would get much more dowry if married another women” is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not disclosing alleged time period during which allegedly this allegation happened.     

 

  1. Not disclosing particulars of alleged articles presented at Bangalore.

 

  1. Not disclosing the date, time and place the alleged articles purchased.

 

  1. Not disclosing the date and time the Accused-A2 to A5 joined the PW.1 at Bangalore.

 

  1. Not disclosing start date and end date that Accused-A2 to A5 lived along with PW.1 at Bangalore.

 

  1. Not disclosing the time gap between PW.1 joining with Accused-A1/petitioner and Accused-A2 to A5 allegedly joind with PW.1 at Bangalore.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

5.   Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.1 further deposed that subsequently also you accused demanded landed property or her parents” is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not clear about the start date and end date of alleged time period during which this alleged incidents are allegedly happened.

 

  1. Not clear about the particulars of alleged properties belongs to the parents of PW.1 that are allegedly demanded by accused.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

6.   Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.1 further deposed that thereafter her pregnancy was confirmed and you accused started suspecting her fidelity as to why she conceived pregnancy within one year and gave abortion tablets to her forcefully” is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not clear about the start date and end date of alleged time period during which this alleged incidents are allegedly happened.

 

  1. Not clear about the start date and end date of alleged time period during which alleged pregnancy was confirmed.

 

  1. Not clear about the start date and end date of alleged time period during which alleged suspect of fidelity of PW.1 was happened.

 

  1. Not clear about the start date and end date of alleged time period during which alleged pregnancy abortion tablets were consumed. 

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

7.   Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.1 further deposed that you A1 also locked her in the house and went away by taking all her jewelry” is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not clear about the start date and end date of alleged time period during which this alleged incidents are allegedly happened.

 

  1. Not clear about the start date and end date of alleged time period during which allegedly the PW.1 was locked inside the house. 

 

  1. Not clear about date and time at which the allegedly the petitioner took the jewelry of the PW.1 and went away.

 

  1. Not disclosing the particulars of the alleged jewelry allegedly taken by petitioner.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

8.   Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.2 deposed that the marriage of PW.1 was performed with you A1 on 11.11.2007 and at the time of marriage they gave Rs.2.0 Lakhs Cash, 80 Kasulu Gold, land worth of Rs.40 Lakhsis:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not clear about the start date and end date of alleged time period during which this alleged items were given.

 

  1. Not clear with respect to disclosing the alleged items givers.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

9.   Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.2 further deposed that marriage happened and immediately PW.1 was taken to your house and lead happy  marital life for two months and immediately after marriage you A1 took PW.1 to Bangalore and PW.1 used to inform that you A1 demanding her to dispose of the landis:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not disclosing the start date and end date of alleged time period during which this alleged allegation happened at Bangalore.  

 

  1. Not disclosing phone numbers used by PW.1 and PW.2. 

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

10.        Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.2 further deposed that since you A1 did not look after property, immediately after ten days of her joining you A1 she returned back to Hyderabad and joined training at St.Theresa Hospital for a period of one year and accordingly completed sameis:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not disclosing the start date and end date or even approximate dates of alleged time period during which allegedly the PW.1 lived along with petitioner at Bangalore.

 

  1. Not disclosing phone numbers used by PW.1 and PW.2. 

 

  1. Not disclosed the alleged property that is not looked after by the petitioner while the PW.1 was at Bangalore.

 

  1. Not disclosed the address of the place where the PW.1 and petitioner allegedly lived at Bangalore during this alleged incident occurrence.

 

  1. Not disclosing the start date and end date or even approximate dates of alleged time period during which allegedly the PW.1 taken training at St.Theresa Hospital for a period of one year.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

11.        Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.2 further deposed that A1 asked her go to Kammapalli village which is your native place and accordingly they sent PW.1 to Kammapally and thereafter she was shifted to Bangalore in the year 2008 and they provided house hold articles to you and PW.1 and you all used to harass PW.1” is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not disclosing the start date and end date or even approximate dates of alleged time period during which allegedly the PW.1 lived at Kammapali Village.  

 

  1. Not disclosing particular acts upon which alleged harassment and/or cruelty felt by PW.1.  

 

  1. Not disclosing the phone numbers used by PW.1 and PW.2. 

 

  1. Not disclosing the particulars of the alleged House hold Articles provided.

 

  1. Not disclosing the date, time and place the alleged House hold Articles purchased and provided.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

12.        Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.2 further deposed that subsequently she came to know through PW.1 that you are demanding to dispose of the land and I advised the PW.1 to live amicably with you” is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not disclosing the start date and end date or even approximate dates of alleged time period during which allegedly property dispose demand is happened.  

 

  1. Not disclosing the alleged phone numbers used by PW.1 and PW.2. 

 

  1. Not disclosing the details of the property that is allegedly asked to dispose.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

13.        Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.2 further deposed that on one day in the month of MAY-2008 she received phone call from PW.1 stating that she was suffering with ill-health and also informed that you was insisting her to go for abortion while she was at Hyderabadis:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not disclosing the phone numbers used by PW.1 and PW.2. 

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

14.        Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.2 further deposed that she sent LW4 Satyanarayana to Bangalore to verify the issue and accordingly he went there and informed that PW.1 was suffering with ill-health and you also slapped Satyanarayana and accordingly LW.4 bought PW.1 to Hyderabad and you accused completely neglected her in providing amenities to PW.1is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not disclosing phone numbers used by PW.1, PW.2 & PW.3. 

 

  1. Not possible to happen as per the evidence version of PW.1 and PW.3 considering that petitioner was allegedly not available to the PW.1 and PW.3 during the time the PW.3 was allegedly present at Bangalore in MAY-2008 and the PW.1 not visited any hospital for any illness.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

15.        Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.3 further deposed that he accompanied his sister/PW.1 to go to Bangalore and you A2-A5 abused him and PW.1 in vulgar language by demanding additional dowry” is:

 

  1. Adding the petitioner/Accused-A1 to the alleged allegation even though PW.3 not said that petitioner/Accused-A1   is involved in this alleged incident.

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not known to petitioner/accused during cross-examination of PW.1 and PW.2 to elicit relevant facts and circumstances to reveal falseness allegation.

 

all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

16.        Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused U/s 313 of CrPC that says “PW.3 further deposed that he accompanied his sister/PW.1 to go to Bangalore and you A2-A5 abused him and PW.1 in vulgar language by demanding additional dowry and they also provided some land located at native place to PW.1 towards her marriage consideration and you accused used to insist PW.1 to dispose of said land and to get sale consideration but they refused to do so and finally we transferred said land on the name of PW.1 within one month after the marriage” is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not clear that whether this alleged allegation/incident is allegedly happened between 11/11/2007 and 11/12/2007 or any other specific time period. 

 

  1. Not disclosing the particulars of the alleged additional dowry demanded by Accused-A2-A5/petitioner.

 

  1. Not known to petitioner/accused during cross-examination of PW.1 and PW.2 to elicit relevant facts and circumstances to reveal falseness allegation.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

17.        Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused-A1 U/s 313 of CrPC that says “PW.3 further deposed that after 15 days, PW.1 informed him that you A1 was harassing her by abusing her with filthy language and also forcibly administered tablets for termination of her pregnancy and he asked you on phone and you abused him” is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not clear that whether this alleged allegation/incident is allegedly happened within 45 days of marriage date, between 11/11/2007 and 31/12/2007, or any other specific time period.

 

  1. Not known to petitioner/accused during cross-examination of PW.1 and PW.2 to elicit relevant facts and circumstances to reveal falseness allegation.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

18.        Humbly submit that the alleged allegation/incident present in the question asked to petitioner/Accused-A1 U/s 313 of CrPC that says “PW.3 further deposed that one day in the month of APRIL or MAY, 2008 he went to Bangalore in order to see PW.1 and to know her welfare and by the time when he reached Bangalore there he along with my cousin found PW.1 was confined in locked room. On our enquiry the PW.1 informed him that you harassing her and thereafter he took PW.1 to their house at Hyderabad” is:

 

  1. Not disclosing the specific dates and time of alleged allegations/incidents occurrence and such circumstances are not enabling the petitioner to identify and bring all relevant materials/documents/witnesses before Hon’ble Court to disprove alleged allegations, those materials/evidences may also include materials shows the alibi and other.

 

  1. Not disclosing the name and address of the place where the PW.1 was allegedly locked inside the room/house.

 

  1. Not disclosing the name and address of the cousin of the PW.3 who was allegedly present along with the PW.1 while the PW.3 allegedly saw the PW.1 in locked condition at Bangalore.

 

  1. Not known to petitioner/accused during cross-examination of PW.1 and PW.2 to elicit relevant facts and circumstances to reveal falseness allegation.

 

and all above details are very much required to identify all relevant materials/documents/witnesses to bring before this Hon’ble Court to prove innocence of petitioner/accused and also above details are required to enable the defence witnesses to recollect relevant facts/circumstances while appearing before this Hon’ble Court to state all relevant facts and in these circumstances this Hon’ble Court may be pleased to invoke relevant provisions of law, including Sections 243, 212, 240 and 468 of CrPC, to pass appropriate orders that enables the petitioner/accused to defend the alleged allegations effectively in accordance with law.

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 November 2014

Mr. Siv,

 

I don't know what to comment on this.

 

It seems that your this petition emphasized on CrPC 212 sub section 1 & 2 very much.

 

Examination U/S  212 CrPC sub section 2 is required for Criminal Breach of Trust (As IPC 405).

 

Most of their allegation is movable & immovable property related.

 

Please make petition U/S 91 CrPC sub-section 3 to provide Evidences (Shop bill, invoice land deed etc) to for forfeit their allegation. Then check weather the evidences is as per Evidence Act or not. If not, then file perjury.

Siv (engineer)     04 November 2014

I field petition U/s 91 of CrPC which is around 40 pages .....this petition explained how the allegations are false and prayed the court to order producton of documents.... but court dislissed it saying collection of all these docs take huge time and such procedure delay disposal of case .....Now I moved to High Court on this order ....

 

In the above post I pointed that the allegations are VAGUE without date, time and place then such allegations can not be proved or disproved ..... proceedings based on such allegations are meaningless and making such allegations is baseless.... asking the Defecne to bring evidene to disrpove or to prove innocence  is meaningless....

Siv (engineer)     04 November 2014

Now I filed petition seeking Further Investigation U/s 173(8) of CrPC to collect all documents exists if allegations are fasle or true ... in the petition I said if allegations are true then these documents will send me to Jail else other party will go to jail.... finally BOTH should not go to Home from court ....

 

Further Investigation will not cause any harm to any ... it only reveal the truth... and also I said in this petition that let the police collect alll these docs on or before next hearing date ....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 November 2014

If the purpose of your petition is vexation or delay the process then also the court have no power to reject your petition U/S 91 CrPC

 

Since, Evidence is the judgement. I think the judge is corrupted. Please make a revision or interim appeal with Article 227 in the High Court.

Siv (engineer)     05 November 2014

If petition was field for delay case then court shall say that documents are not required and calling those docs would not serve any purpose hence petition is dismissed ....

 

WHEREAS my petition was filed to rely on those documents to prove innocence of accused .... Insted of challenging the Dismissal order of Magistrate in CrPC-91 petition , I filed one petition U/s 173(8) of CrPC seeking further investigation by collecting all documents and materials along with report within 15 days from the date of order .....I submitted to court as below:

1). Allowing further investigation would result in collecting most relevant material reffered in CrPC-91 petition.

2). Allowing further investigation would result in dropping summoning defence witnesses.

3). Prosecution may avoid unnecessary arguments hence defence also.

4). Allowing further investigation would result in bringing most relevant materials on record to do justice by this court.

5). No prejudice happens to any party.

6). Allowing further investigation would result in Collecting all the docs by the normal citizen is impossible and if possible the prosecution can do it faster than normal citizen and also the prosecution may support the innocent accused based on these new documents availabel from various people.

7). Allowing further investigation would result in correcting errors done in earlier investigation by not visiting the alleged crime place and not examining alleged eye-witnesses who are independent people.

venkata Peddi (It consultant)     10 November 2014

Hi Rocky,

The magistrate has rejected the vakalat filed by new lawyer and the GP filed by my brother for the maintenance case filed by my wife and asking me to come back from UK and attend the court and also he want to grant maintenance to my wife.

I was in india for 4 months, as she filed 498a and in that process i lost my job and just came back and this just my first month in job. The magistrate show sympathy on her and he wont listen to any one any thing except i come and accept her maintenance.

I have all proofs to show how wealthy they are and her mother government job and her studies (M-Tech). But the Megistrate is not ready to listen any thing it seems.

Please suggest me what i have to do? May be the Magistrate have too much sympathy or he is corrupted.

Regards,

Venkat P

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 November 2014

Mr. Peddi,

 

Please never disclose your passport / visa and employer details to anyone, not even your lawyer.

Don't come to India now.

I think the lawyer is corrupted. Why the magistrate did not accept the Voka?? Strange!

Anyway, They can't bring you back if they don't have the said details. Let them do whatever they can.

venkata Peddi (It consultant)     11 November 2014

Hi Rocky,

Thanks once again for helping me, the court already know my passport and visa details which i have submitted at the time 498A filed by my wife. Also my wife issued red corner notice by joining with police on my passport. I am un-employed now and that is also happened because of fault 498A filed on April 2014, am searching for new job.

What will happen if I won't pay maintenance to her, as my mother and brother live in India.  Whether there is any problem to them. My wife is very cruel minded and very cunning and a kind of psyco, as she can't do any thing to me. She will concentrate on my family.

Regards,

Venkat P

Originally posted by : Rocky Smith

Mr. Peddi,

 

Please never disclose your passport / visa and employer details to anyone, not even your lawyer.

Don't come to India now.


I think the lawyer is corrupted. Why the magistrate did not accept the Voka?? Strange!

Anyway, They can't bring you back if they don't have the said details. Let them do whatever they can.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 November 2014

Where are you right now? UK or India? Nothing will happen to your mother and brother.

Your mother and brother are not liable to maintain her. Show in your WS that you are unemployed then a very minimum maintenance will be awarded.

If your are in UK then don't disclose it to anyone and never come to India.

Umesh (Senior Executive - MIS)     12 November 2014

Hi All,

Require help :

1) I am A1 of false 498a, 406 & 504. A2-Father, A3- Mother. FIR rigistered on july,2013

2) Panchanama done on July,2014

3) Lovely wife applied for return of property ( STRIDHAN) at magistrate court. Notice for return of property received by me on last week when I personnaly visited to Police station for chargshhet.

4) At the time of following for the chargesheet IO told me that he may file the chargsheet in the month of Sep,2014.

5) Now I am following for the chargsheet but every time IO giving me the next dates.

6) I have submitted my WO against return of property at police station...pleading to Magistrate court. with attaching xerox copies of the household material which I have bought in the month of July,2013.

Please help me in this. I have a strong gutfeeling that IO is willingly streatching the case & not filing chargsheet.

How should I proceed furheter for speedy trial?

Regards,

Umesh  

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 November 2014

Hi Umesh,

 

If you have the certified copy of FIR then also you can apply for Speedy Trial / Quashing with Speedy Trial.

If the IO is willfully delaying then you can file Writ Petition (Article 226) and pray for quashing or speedy trial.

Umesh (Senior Executive - MIS)     13 November 2014

Dear Rocky Sir,

Thanks a lot....for your help.


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