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Rajib Banerji (Self Employed)     23 January 2013

Punishment for filing a false case u/s 498a 0f ipc

Respected Learned Advocates,

My estranged wife had filed a false cases u/s 498a/406/34 against me & my parents in August 2006 after leaving my house in April 2006.But unlike other 498a cases I got a lot of help from my local police station in Kolkata as I was well known to them and had participated in many of their public awareness campains.They knew from the begining that it was a false case and the officer incharge had asked me to stay away from home till I get an anticipatory bail for myself and my parents otherwise if I stayed at home they would be forced to arrest me as my estranged wife's father has some political connections and was pressurizing them.My parents were at home & the police did not touch them since both of them were heart patients and had medical reports to prove it.

Eventually I got bail for my parents & myself,then my estranged wife got frustrated with the local police and moved the case to the Womens Grevience Cell (WGC)in Lalbazar Police Headquarters in Kolkata.Then all sorts of unnecessary harrasment started.I was called to the WGC every now & then for some pretext or the other.My estranged wife came to my house with police officers searched the house from top to bottom but did not find anything since she had taken all her belongings earlier.

Now the case is in evidence stage and my lawyer is grilling her inside out.She is fumbling to give replies and she is making a lot of contradictory statements and skipping court dates most of the time on the pretext of being sick.She knows that her case is falling apart.

I would like to know is there any punishment for filing a false 498a case if the case is proved to be false in the court of law? this case has caused a lot of mental & physical trauma to me & my ailing parents.

The Hon'ble Supreme Court has stated that misuse of 498a is legal terrorism.If an international terrorist like Ajmal Kasab can be hanged to death,what is the punishment for these women who are domestic terrorists?



Learning

 4 Replies

Tajobsindia (Senior Partner )     23 January 2013

1. Speculative query cannot be opined right away.
Reason:
Court acquits accused person(s) in maximum cases due to “prosecution not able to establish cases / it is hard to bring evidences to incidences that happened in 4 walls / delay and latches in trial procedures etc. etc.”. None of these are there in your facts hence I said ‘speculative’ from my end to reply to your question here.

2. Even otherwise if court mentions clearly word such as “false / falsely” while acquitting accused person(s) then remedy is under Criminal / Civil; Law of Torts for seeking compensation.  

3. Lastly, Art. 15 (3) COI gives protection to weaker s*x, here in reference to context a 498ayed woman who was then thought to be in vulnerable position to act the way she acted and unless this Art. is repealed donot expect any Court to punish a false complainant i.e. sending her to prison in reference to context and I don’t mean in any other criminal cases she also enjoys same protection which is not so in reality.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     24 January 2013

Dear Mr. Banerjee 

                                  TAKING A SENTENCE FROM THE SUPREME COURT JUDGEMENT YOU WANTED YOUR WIFE TO BE TREATED AS A TERRORIST AND HANGED TO GET A PERMANANT RELIEF FROM HER . ALL ARE HUMAN BEINGS . YOU FORGIVE HER . GOD WILL BLESS YOU AND YOU WILL LEAD A HAPPY RE MARRIED LIFE . SHE WILL DEFINITELY GET THE PUNISHMENT FROM GOD FOR WHAT SHE HAD DONE TO YOU . EVEN THEN YOU SHOULD NOT FEEL HAPPY . THEN GOD'S WRATH WILL STOP WITH THAT . YOU FORGET HER AND DONT THINK OF HER . THAT IS DIFFICULT BUT IF YOU TRY YOU WILL SUCCEED . HAD I THOUGHT LIKE THIS THEN IN THIS 57 YEARS I SHOULD HAVE HANGED MORE THAN 10,000 . BUT YOU CAN SEE WITH YOUR OWN EYES WHAT COMES TO YOUR ENEMIES . I HAD THIS EXPERIENCE . -JOSEPH WILFRED - 24/01/2013 AT 01.40 HRS.

Msk-need -nuetral- laws (self)     24 January 2013

No Mr. Joseph, If you say no punishment and everyone can be pardoned for their act, tehn why we need law and judiciary system? Only to make men sufferer and women go scottfree.?? You think how many people productive life came to halt post this legal terrorism unleashed?

providing opinion is easy, feeling pain is tough. In last three years my mind was completely away from fun, social life becaue of my wife? who will restore my youth back for her fault? We request strignet punishment to erring wife using false 498a becuase altelast in future innocent men will have something to feel safer.

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank)     25 January 2013

DEAR MR. MANI AND BANERJEE 

                                                                  PLEASE DON'T THINK THAT I HAVE  GIVEN THAT SUGGESTION JUST BECAUSE YOU ARE SOME OTHER PERSON .YOU HAVE STATED THAT GIVING SUGGESTIONS IS EASY . YOU HAVE ALSO MENTIONED THAT YOU HAVE SUFFERED FOR 3 YEARS AND MOST MEN'S LIFE ARE SPOILED BY SUCH WOMEN . I AM ONE OF THE VICTIMS OF NOT ONLY SUCH TYPE OF HARASSEMENT BUT PHYSICAL ASSAULT AT THE AGE OF 53 AS A RESULT OF WHICH I HAD TO UNDERGO 2 MICRO INCISION CATARACT SURGERY ON 14/05/2012 AND 19/05/2012 AFTER MORE THAN ONE YEAR OF THE ATTACK . WITH GOD'S GRACE MEDICLAIM SANCTIONED ME 50,000/- AND THE REMAINING 14,000/- WAS MET BY MY BROTHERS AND SISTERS . THE DOCTOR IN CLEAR TERMS TOLD ME IN FRONT OF MY WIFE THAT THE CATARACT IS AS A RESULT OF THE ATTACK . BEFORE THE OPERATION WHEN AS MANY AS 4 DIFFERENT DOCTORS EXAMINED ME , THEY TOLD ME THAT THE LENS HAD MOVED FROM ITS ORIGINAL POSITION .EVEN THEN MY WIFE WAS ASKING THE DOCTORS WHETHER WE CAN WAIT FOR 3 MORE MONTHS . WHAT THE DOCTOR WILL SAY . DEFINITELY "YES". HE REFERRED ME TO ANOTHER DOCTOR TO CHECK THE EYE PRESSURE . THAT DOCTOR WAS NOT AVAILABLE ON THAT DAY . THEN I ASKED THE SPECIALIST TO GO AHEAD WITH THE OPERATION . I ASKED MY WIFE ON WHAT BASIS YOU ASKED FOR 3 MONTHS .ALREADY I HAVE WAITED FOR 7 MONTHS . SHE TOLD ME THAT SHE WOULD BE RETIRING IN OCTOBER 2012 AND THEN WE CAN GET MONEY . ON 19/05/2012 MY RIGHT EYE OPERATION WAS DONE AND 20/05/2012 THE BANDAGE WAS REMOVED . ALREADY LEFT EYE OPERATION WAS OVER ON 14/05/2012 . AFTER THE OPERATION 4 DIFFERENT KINDS OF DROPS WILL BE GIVEN AND WE HAVE TO PUT IT 6 TIMES A DAY FOR EACH EYE FOR 6 WEEKS . .ON 21/05/2012 A POLICE COMPLAINT WAS GIVEN TO THE CONTROL ROOM AND THEY CAME AT 10.00 P.M. MY WIFE WANTED ME TO GO WITH THEM .FROM THAT DAY 8 TIMES POLICE HAD COME TO MY HOUSE AND CALLED ME FOR INVESTIGATION . I WILL ASK THEM WHAT IS THERE TO INVESTIGATE . ON WHAT LAW YOU HAVE COME . MYSELF,MY WIFE AND MY ONLY MAJOR DAUGHTER WILL BE IN THE HOUSE . I WILL TELL THEM IF ANYBODY HAD ANY INJURY THEN YOU TAKE THEM TO THE GOVERNMENT HOSPITAL , GET A CERTIFICATE FILE AN FIR AND FILE IT IN THE COURT . I WILL BE THERE ON THAT DAY . IF THE COURT GIVES POLICE CUSTODY THEN I WILL COME WITH YOU .OTHERWISE I WILL TAKE BAIL THERE . I WILL TELL MY WIFE AND DAUGHTER THAT THE POLICE WILL TAKE YOU AND THEN IN ONE STROKE THEY WILL BREAK YOUR HAND OR THE LEG AND THEY WILL TAKE YOU TO THE HOSPITAL TO GET THE CERTIFICATE THAT I HAVE DONE THAT . IF YOU ARE READY THEN YOU PROCEED . WILL THEY GO ? AFTER HER RETIREMENT WHAT HAPPENED ? ON 01/12/2012 WITH THE HELP OF POLICE THEY TOOK 99 % OF THE THINGS IN MY HOUSE AND WENT AWAY . HER PENSION IS RS. 16000/- PER MONTH AND THE RETIREMENT BENEFIT SHE GOT IS RS 14 LACS . DID SHE GIVE A PIE TO ME ? ON THAT DAY EVENING I SPOKE TO THE INSPECTOR OF THE LOCAL STATION AND TOLD HIM THAT I WILL DROP THE CASE THAT Cr.O.P. IN THE HIGH COURT BUT YOU ALL WILL BE CALLED AS WITNESSESS IN MY CASE AGAINST MY WIFE .I WAS MARRIED IN 1989 .MY WIFE IS ELDER TO ME . HER DATE OF BIRTH IS 23/10/1952 AND MY DATE OF BIRTH IS 23/11/1954 . I WAS A ROMAN CATHOLIC THEN . FOR US BAPTISM CERTIFICATE MUST BE THERE . MY WIFE WAS ALSO A ROMAN CATHOLIC IN KERALA . BUT AFTER SHE GOT A JOB IN THE RAILWAYS IN 1975 AT MADURAI  AFTER FINISHING HER PRE DEGREE IN KERALA THEIR FAMILY SHIFTED TO MADURAI . THEY BECAME CSI CHRISTIANS THERE . ALL THIS WE DID NOT KNOW . SO HER ONLY ELDER BROTHER RESIDING AT MADRAS WHO THINKS THAT HE IS OBAMA ARRANGED FOR A BAPTISM AT A CATHOLIC CHURCH AT KORATTOR IN MADRAS IN APRIL 1989 GIVING ONLY THE PARENTS NAME THE SAME BUT A RESIDENT OF KORATTOR AND MY WIFE WAS BORN AT THANJAVUR AT TAMIL NADU ON 23/07/1957 .HER SCHOOL CERTIFICATE AND OFFICE RECORDS SHOW THAT HER DATE OF BIRTH AS 23/10/1952 ONLY . HER FATHER WAS ALSO EMPLOYED IN THE RAILWAYS IN QUILON , KERALA . I DID NOT GET ALL THESE RECORDS THEN . IN THE BAPTISM CERTIFICATE IT IS MENTIONED AS " SPONSORED BY DEVARAJ " HER BROTHER'S NAME . IN 1993 SHE DESERTED ME FOR 5 TO 6 YEARS AFTER MY DAUGHTER WAS BORN IN 11/08/1991 AT MADRAS AND I SPENT RS.20,000/- TO SAVE HER BECAUSE SHE WAS BORN IN THE 7TH MONTH . AT THAT TIME MY SALARY WAS RS.2000/- AND I WAS WORKING IN THE BANK .TILL SHE WAS STUDYING IN 11TH STANDARD SHE WAS ON OUR FAMILY SIDE . EVEN IF SHE RETURNS BACK MY FAMILY MEMBERS WILL ACCEPT HER . MY YOUNGER SISTER RESIDINN AT FRANCE ASKED HER TO COME TO FRANCE ON A LONG TERM VISA . HER MOTHER , MOTHER'S SISTERS AND THEIR RELATIVES  DID NOT ALLOW HER . AGAIN IN 2009 MY WIFE  DESERTED ME WHEN I WAS IN MY ROOM UPSTAIRS . SHE CALLED ONE OF MY SCHOOL FRIENDS WHO IS NOW 59 YEARS OLD AT 11.00 P.M. AND ASKED HIM TO TALK WITH ME AS I AM DEPRESSED . ONE OF THEIR RELATIVES BROUGHT A CAR AND THEY GAVE A SLIP ON THE MIDNIGHT OF 01/05/2009 AND 02/05/2009 . NOT ONLY THAT ON 4TH THEY LODGED A POLICE COMPLAINT HERE AS IF THEY WERE STAYING IN THEIR BROTHER'S HOUSE . I GAVE A LETTER AND THAT COMPLAINT WAS CLOSED . ALL INFLUENCE DID NOT WORK . AGAIN AFTER THAT ASSAULT THEY GAVE A COMPLAINT ON 11/05/2011 AND WITH THE HELP OF POLICE THEY TOOK A LOT OF THINGS . THAT SUB INSPECTOR ASKED THE 2 CONSTABLES TO ASSAULT ME . I TOLD THEM  DARE NOT TOUCH ME , YOU MAY HAVE TO FEEL FOR THAT . NOW PERMANENTLY THEY HAVE LEFT ME AND I AM ALONE IN THIS BIG HOUSE . BUT GOD IS WITH ME . I HAVE POSTED MOST  OF MY MATTERS IN THIS SITE . IF YOU GO ON TAKING REVENGE FOR EVERYTHING THEN YOUR ENEMIES WILL BE MORE AND YOU WILL LOOSE YOUR PEACE OF MIND . THIS IS ONLY A TIP OF THE ICEBURG I HAVE REVEALED . THERE IS STILL 99.99 % IS THERE .- JOSEPH WILFRED - 25/01/2013 AT 01.02 HRS. 


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