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ravi (Eng)     24 February 2016

It act 2010 & crpc 507 complaint by my wife & her mother

 

Hi,

 

After small dusputes, my wife left the matrimonial home. From last 1.5 yrs, my wife has been living with her parents at their house.
 

 

After going back she lodged compalints (Mahila Takrar Kaksh) and CRPC 125 & other cases against me.

 

Last year, I contacted her "on Facebook" to sort out the issues. On chat, she started using abusive language and cursed me & my family in filthy language. I left it there. She also called me many times and abused. I have facebook chat and call recordings also.

2 months back, I came to know that my mother-in-law is of bad character. She is a widow (from 20 years) but still has immoral physical relations with many people in her city. So, I too sent SMSes to my wife and many of her relatives, abusing my wife and her mother. Now, she has lodged a complaint against me under CRPC 507 and IT act,2010. I was issued a notices under sec. 41 & 91 to submit my mobile for investgation. I showed Facebook chat to polce telling she started all this, but they did not listen.

 

Kindly, help me on following:
1. What shall I do now?
2. Would charge sheet be filed?
3. Would a bail OR anticipatory bail need to be taken?
4. When I informed police that she started it. They said to me, "You are accused here, so we can't respond you. But If you want lodge a similar complaint in your local polce station." But the police at my nearby polce station said as the incident is very old, they can't take complaint now. I should lodge a complaint immediately after fresh incident.
5. Does this act come under IT act?
6. What would be the punishment?
7. What points should I put further in court?

 

Kindly, give your valuable advise.

 

Thanks...

 



Learning

 5 Replies

ROHIT SHARMA (Legal Advisor )     24 February 2016

1. Seek an anticipatory bail if you are told that an F.I.R. has been filed.I do not think the police will need to arrest you. They have given you notice u/s 41 -A of Cr.P.C. to appear before them whenever they need you to do so. You may get summons from the court when the police files the charge sheet.

2. Do not worry, face the trial and at the stage of her cross exmination show her the hard copies of the Face book records where she has also retaliated in the same manner as you have done recently. Her response would prove that she too had done the same act of offence.

3. You can state in your exmination before the police and trial proceedings that you were intentionally insulted by your wife with an intention to accuse you of an offence and extort money from you.

4. You need to prove that her widowed mother has a loose character which alone can sustain your onus of not being guilty. You need expert advocate's advise as how to do this.

 

 

 

 

Siddharth Chaturvedi (Owner)     25 February 2016

Pahle Apna Man Pakka Karo Ke Sath Rahna Hai Ya Alag Rahna Hai Fir 9837316835 Par Phone Karna Sab Theek Ho Jayega Kanoon Par Aur Bhagwan Par Bharosa Rakh mere dost

 

SOLOMON.RAJ (advocate/director)     26 February 2016

Dear Ravi,

                  The first thing what you need to do si seek an anticipatory bail either in the court of sessions or the High Court of your state.

Secondly you can also filea cross complaint under various provisions of the Indian penal Code and The Information technology Act ( as it involves lewd messages on face book and Phone).

If the police is reluctant in taking your complaint and registeringa case against her , you can appraoch the co0ncerned jurisdictional magistrate and file a case under sections 190 & 200 of the crimminal procedure code seeking either a direction to be given to the concerned police to investigate the matter and register an First Information report based on the prima  facie evidence or ask the court to take suuo moto cognizance of the matter , rpovided you need to have an acknowledgement from both the S.H.O. and the deputy commissioner of police that they are in reciept of tyour complaint .

To obtain the acknowledgement from both you need to send your complaint through The Indian Postal Department by a registered post with Ack due.

  

SOLOMON RAJ

Advocate, High Courts of Andhra Pradesh & Telangana

BHARAT GAURAV SAMMAN AWARDEE.

National vice president , All India Christian's Council,

Indian Ombudsman , Unashamedly Ethical,

National Joint Secretary, Christian Legal Association,

Ph:9866545086,

email:justiceleague367@yahoo.com

 

SOLOMON.RAJ (advocate/director)     26 February 2016

Dear Ravi,

                  The first thing what you need to do si seek an anticipatory bail either in the court of sessions or the High Court of your state.

Secondly you can also filea cross complaint under various provisions of the Indian penal Code and The Information technology Act ( as it involves lewd messages on face book and Phone).

If the police is reluctant in taking your complaint and registeringa case against her , you can appraoch the co0ncerned jurisdictional magistrate and file a case under sections 190 & 200 of the crimminal procedure code seeking either a direction to be given to the concerned police to investigate the matter and register an First Information report based on the prima  facie evidence or ask the court to take suuo moto cognizance of the matter , rpovided you need to have an acknowledgement from both the S.H.O. and the deputy commissioner of police that they are in reciept of tyour complaint .

To obtain the acknowledgement from both you need to send your complaint through The Indian Postal Department by a registered post with Ack due.

  

SOLOMON RAJ

Advocate, High Courts of Andhra Pradesh & Telangana

BHARAT GAURAV SAMMAN AWARDEE.

National vice president , All India Christian's Council,

Indian Ombudsman , Unashamedly Ethical,

National Joint Secretary, Christian Legal Association,

Ph:9866545086,

email:justiceleague367@yahoo.com

 

SOLOMON.RAJ (advocate/director)     31 March 2016

Dear Ravi,

                  The first thing what you need to do si seek an anticipatory bail either in the court of sessions or the High Court of your state.

Secondly you can also filea cross complaint under various provisions of the Indian penal Code and The Information technology Act ( as it involves lewd messages on face book and Phone).

If the police is reluctant in taking your complaint and registeringa case against her , you can appraoch the co0ncerned jurisdictional magistrate and file a case under sections 190 & 200 of the crimminal procedure code seeking either a direction to be given to the concerned police to investigate the matter and register an First Information report based on the prima  facie evidence or ask the court to take suuo moto cognizance of the matter , rpovided you need to have an acknowledgement from both the S.H.O. and the deputy commissioner of police that they are in reciept of tyour complaint .

To obtain the acknowledgement from both you need to send your complaint through The Indian Postal Department by a registered post with Ack due.

  

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
JOINT SECRETARY, CHRISTIAN LEGAL ASSOCIATION.
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad .
General Secretary, 34th U.C.C. ( A.P.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)
Associate, Hand of Hope (Legal),                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" In Andhra Pradesh. 
Ph:+91-9866545086,

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