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Mithu   09 September 2017 at 20:09

Cyber case advice

This is to bring to your kind notice that for the reason that I ( complainant/victim) have given birth to female child and for the sake of dowry I have been severely tortured/beaten by in-laws & humiliated publically and after molestation by father in-law thrown out of matrimonial house in NCR on dated 2-Jan-2016 for which FIR No xxxx/2016 (u/s 323, 406, 498A, 506, 34) is registered in Kkr. On 9-march -2016 my husband filed for divorce as per their plan due to non fulfillment of illegal demand of dowry and due to birth of girl child. Meanwhile me, my family and my friends started receiving threatening emails along with audio of our private telephonic conversations from the email ID of xyz@gmail.com (almost 50-60 emails with private call records to all ..me, my witness sister, frends). In a great fear and depression I complained about this to SSP, kk and after investigation accused was caught red-handedly and accepted his crime and FIR Noxxx has been registered (Please note that accused is my husband already on bail in another case i.e. FIR No xxxx/2016 u/s 323, 406, 498A, 506, 34 & has committed the cyber crime & breached the terms of the bail).There was another complained filed by the other victim (sister who is also witness in case under trail i.e. FIR No.xxxxxxx/2016 u/s 323, 406, 498A, 506, 34) residing in NCR to cyber cell HQ in Gurgaon & there the involvement of XX HCS was also found and Cyber cell recommended police chowki NCR to register the case u/s 354D but it was registered U/s 66D and 201 ipc added later on. The FIR no abc has been registered in Gurgaon where officer, HCS as escape route has now become state witness in this case after committing this crime. . me & my unmarried sisters have been victimized and our calls have been tapped/phone or email ID has been hacked and culprits are getting V. I. P treatment from the police and in judiciary due to high approaches and links. My application u/s 190 (B) has been dismissed by lower court for adding sections 354D, 499,500 saying not sufficents evidance on file. Now accused has approached high court for queshing saying 66D is not made out as element of cheating is not made out (defined in 415--related to property transaction) My queries are:
1) is there possiblity that police can recover data after approx 1/1.5 yrs after email data delete.
2) accused has hecked many of my family mers email ID....but nothing has been brought by police on record...i made many representaion but nothing recovred. How to get it recovered? how much old data is recovered?
3) In divorce petition and in frend circle accused defamed my sister as marrieed and divorcee but actually she is unmarried how to bring this strongly before the court for adding section 499,500
4) can I also file 482 against police and lower court for justice? charge has not been framed by court so far and in another FIR challan has not been done to court?

kumar B Kumar   08 September 2017 at 10:29

Help regarding mediation in dowry 498a case

I am Bkumar, i had already posted there various time and got answered. This time again i want to post my story and want solution from experts. I got married in year 14 feb 2014. my wife left my home in dec 2014 and in july 2015 she filled a fake dowry case 498a, 354, 323, 506, dowry act 3 & 4 . after that IO send the report stated that matter related to family so recommendation for mediation center. my wife agreed to take case back if i live separately at another place with my wife. so i accept her condition, then she taken case back.we lived 5 month together at rented home (sept 2015). she did not change her attitude she always fight with me and harassing me every time. she tried to suicide but at that time i handled the situation. one day her parents and brother came at my rented home and demanded 25 lakh other wise face the case. 30 january 2016 she run away with her brother in my absence. she taken all the jewelry, car, cash and all the valuable items. then she went to her home town Kanpur and filled a affidavit that she don't want to accept the mediation and blaming that she signed in pressure of mediation office. and after she reopened the same case. after that police filled charge sheet. court issued NBW against my family. then i approached to High court in 482 for quashing charge sheet. High court stay on my NBW. and matter send to mediation again. but she did not came in mediation. after some time mediation failed and high court passed the order that was not in my favor. high court said surrender with in 30 days in Kanpur court and apply for bail. then we all applied for bail and got interim bail. In mean time District Judge gave me interim bail and send matter again mediation in Kanpur for settlement. 6 September 2017 is the settlement date in mediation. second party also agree to settlement the matter in exchange of money but they are demanding 25 lakh. so i decide to give some money and close the matter. i want to know how settlement money will decide by judge. I have all the proof (audio recording, whats app msg) that she accepting that she has taken all the jewelry, cash, car.Presently my mediation date is 6 Sept i got interim bail till 7 Sept 17. I visited on 6 Sept but mediation judge was on leave so i got the next date 16 Sept, and my interim bail extended to 20 Sept. Till date i did not get the change to tell my story to any judge. I think law is in favor of lady. there is no law for husband. i am too much disappoint from the law. No one is listening my facts.
one more thing on 3 july 2017 my wife filled a another case of same 498a in Ghaziabad. and FIR have been registered. is it possible that u cane resisted the two FIR of same crime at two different place. Please Guide me what can i do.

C M Asif   08 September 2017 at 06:42

Session court rejected bail, what to do?

My brother has been made accused u/s IPC 406,420,380. Earilier the police issued a notice number CrPC 41(1) to meet with them at PS. Accordingly when he was going to meet the IO, they kept him into i their custody on 23.08.2017. but IO produced before the court on 26.08.2016. Then IO took him their custody. And on 30.08.2017 court ordered for the Judicial Custody. Now bail application was rejected by the lower court as well as Session court.
Should we move to Hon. HC for bail or is it better to wait for some time?

Victor   08 September 2017 at 06:39

Wife filed 406 while she took stridhan for function

Hi,
My wife after being caught having affairS; filed various cases one of them is case u/s 406. Can a case under section 406 be filed alone....as in no other sections included. She dragged my entire family while court took cognizance only on me. She filed a private complaint and there's no FIR. can i be arrested? What will happen next,please guide as i have no clue where i am dragged. How can i proceed with the case. IS there a jurisdiction clause or something? she filed 125,24,498 and 406

Sukesh kumar   08 September 2017 at 06:34

Cheque bounce

After notice received by by difalter 15 days can I file case act 138 without advocate if yes send me 138 format.

Victor   08 September 2017 at 06:28

Perjury

Hi everyone. I am seeking guidance to file pejrury. is it a separate case u/s 191 and 340 crpc (read together)? or is there a way i can file it as an addendum to my current DV and case u/s 24 ? how will it be filed? is it advisable to file it in sec 24 as there are few false statements in the petition filed by wife, her story is totally imaginary and can be proven false if taken the total view of evidences, her affair was caught which she didnt accept, no physical violence ever done. Please guide me is it safe for my case to report perjury .....can it back fire? Please help me.

Anonymous   08 September 2017 at 02:44

FIR UNDER IPC 306 & 511.

I have been issued FIR against above sections.

Reason: My servant who is 17 years old school going girl tried on poison, after getting two slaps for her unbearable behaviour. At school she complained vomiting and transmitted to state hospital, where she was reported to be fine and all her reports are healthy. Meanwhile, child helpline and local NGO interrupted and pressurised police for FIR.

Background: The girl, who is part of our family, since we sheltered her when she was 8 years old and under critical condition, with nobody to look after. Since then it was a symbiotic relationship, she helped us in our family chores, as my other children did, and in reciprocal we filled her needs and gave a healthy lifestyle. Lately, she turned 17 and had notions to move away and stay with her younger sister evolved, while the latter is dwelling at somebody's place in near locality. Although we were ready to send her, but our long bonding with her made us bit shelfish. Above all her stepfather who visits his daughters once or twice in a year was not reachable.

Blames: In all this, NGO created media hype and defamed me and my family. Adding lot of lies and exeggarating the whole issue, as we have done some big crime. Blaming us that we kept her illegal (I am sure no one have a registered domestic help in this nation?). Seeing all this, now I have stated doubting the honesty of newspapers or media. Really a bad job done by these NGO's, who see things from one angle, just like a bull with flap on his eyes.

Request:
Directions for pursuing further? As the girl has been taken in custody of balika niketan ( juvenile shelter), on getting discharge from the hospital in next couple of days she will be produced before the CGM against me.

Guidance on lesson to these NGO's for defaming in media?

Urgent please.



I have been issued FIR against above sections.

Reason: My servant who is 17 years old school going girl tried on poison, after getting two slaps for her unbearable behaviour. At school she complained vomiting and transmitted to state hospital, where she was reported to be fine and all her reports are healthy. Meanwhile, child helpline and local NGO interrupted and pressurised police for FIR.

Background: The girl, who is part of our family, since we sheltered her when she was 8 years old and under critical condition, with nobody to look after. Since then it was a symbiotic relationship, she helped us in our family chores, as my other children did, and in reciprocal we filled her needs and gave a healthy lifestyle. Lately, she turned 17 and had notions to move away and stay with her younger sister evolved, while the latter is dwelling at somebody's place in near locality. Although we were ready to send her, but our long bonding with her made us bit shelfish. Above all her stepfather who visits his daughters once or twice in a year was not reachable.

Blames: In all this, NGO created media hype and defamed me and my family. Adding lot of lies and exeggarating the whole issue, as we have done some big crime. Blaming us that we kept her illegal (I am sure no one have a registered domestic help in this nation?). Seeing all this, now I have stated doubting the honesty of newspapers or media. Really a bad job done by these NGO's, who see things from one angle, just like a bull with flap on his eyes.

Request:
Directions for pursuing further? As the girl has been taken in custody of balika niketan ( juvenile shelter), on getting discharge from the hospital in next couple of days she will be produced before the CGM against me.

Guidance on lesson to these NGO's for defaming in media?

Urgent please.

Ravi Goyal   06 September 2017 at 01:24

Medical negligence

Can someone be framed with charges only on 200 and 202 statements and no medical experts opinion in u/S 304 A in trial court

karan gowda   05 September 2017 at 12:29

appeal u/s 341crpc or revision u/s 397/401/482 crpc before h

the Advocate has filed a frivolous transfer petition before the sessions judge to which i had file application u/s 340crpc praying to prosecute the Advocate citing various judgements. but the sessions judge has totally not taken up the issue in the order. thus planning to file appeal/revision before the high court..thus esteemed experts, appeal u/s 341 or revision u/s 397/401/482 crpc ll be appropriate?
please do suggest.
this is not against any advocate, this is against the deliberate frivolous filer which is being very clearly proved.
please suggest

ulaganathan   04 September 2017 at 00:55

Ipc 420 and406 on innocent

MYSELF AMUTHA ONE OF THE 5 CHILDRENS TO MY PARENTS .I HAVE A SISTER AND THREE BROTHERS(B1,B2,B3)MY MOTHER PASSED AWAY IN THE YEAR 2015 DUE TO CANCER.SHE HAS A HOME IN HER NAME (SHE IS THE OWNER OF BOTH LAND AND HOUSE ) THE PROPERTY HAS BEEN LOCATED IN POONAMALLEE CHENNAI.AFTER HER DEATH WE GOT THE LEGALHEIR FOR HER .THE NAMES IN THE LEGALHEEIR INCLUDES MY FATHER MY SISTER MYSELF AND MY THREE BROTHERS B1 B2 B3.WE 6 NOW THE OWNER OF OUR MOTHERS PROPERTY AS PER THE LEGAL HEIR WE DECIDED TO SELL THAT PROPERTY.SO WE GOT A BUYER AND WE ALSO(ALL 6) SIGNED IN THE AGREEMENT OF THREE MONTH DURATION AND GOT AN ADVANCE AMOUNT OF 20%.THE AGREEMENT HAS NOT BEEN REGISTERED BY THE BUYING PARTY.
DURING AGREEMENT PERIOD THE BUYER HAS CALLED FOR THE REGISTRATION OF THE PROPERTY .MYSELF MY SISTER MY FATHER AND MY ELDER BROTHER B1 ARE READY FOR THE REGISTRATION AND WE SAID THE SAME TO THE BUYER.BUT THE OTHER TWO BROTHERS B2&B3 IS NOT WILLING TO SELL THE PROPERTY NOW AND THEY ARE NOT COMING FOR THE REGISTRATION .THE BUYER LODGED A COMPLAINT ON ALL 6 OF US IN THE POONAMALLEE POLICE STATION CHENNAI.THE INSPECTOR OF POLICE STATION HAS CALLED FOR AN ENQUIRY .SO WE HEADED TO THE POLICE STATION .MY FATHER COULD NOT COME TO STATION BECAUSE HE IS AGED 85 AND ALSO HE GOT PARALISED ATTACK AND HE IS IN BED REST FOR LAST 2 YRS .SO MYSELF MY SISTER AND MY ELDER BROTHE B1 HAS REACHED THE POLICE STATION AND LIKEWISE MY OTHER TWO BROTHERS B2 &B3 HAS ALSO CAME FOR THE ENQUIRY.THE INSPECTOR ENQUIRED US AND WE SAID THAT WE FOUR (MYSELF MY SISTER MY B1 AND ALSO MY FATHER ) ARE READY TO SIGN IN THE REGISTRATION ON NEXT DAY ITSELF .BUT MY OTHER TWO BROTHERS SAID THAT THEY WILL RETURN THE ADVANCE AMOUNT TO THE BUYER AND WE ARE NOT INTERESTED IN SELLING/REGISTERING THE PROPERTY.THE PROPERTY HOUSE WHICH WE ARE SELLING IS BEEN OCCUPIED BY BOTH MYBROTHERS B2 &B3.
MEAN WHILE MY FATHER HAS A LAND/PLOT IN HIS NAME WHICH HE HAS WRITTEN AS A SETTLEMENT DEED FOR ALL OF US (TWO DAUGHTERS AND THE BROTHERS ).NOW THE BROTHERS B2 &B3 IS SAYING THAT THE GIRLS SHOULD NOT BE GIVEN SHARE IN THE LAND/PLOT THEY SHOULD RETURN THEIR SHARES TO THEM (B2&B3).ONLY THEN THEY WILL SIGN IN THE REGISTRATION OF THE AGREEMENTED PROPERTY (THE PROPERTY OF MY MOTHER WHICH WE GOT LEGAL HEIR)OR ELSE THEY WONT SIGN IN THE REGISTRATION AND THEY ARE READY TO PAY THEIR ADVANCE TO THE BUYER.
THE INSPECTOR HAS AGAIN CALLED FOR AN ENQUIRY AND SAID TO US 4 (MYSELF MY FATHER MY SISTER AND BROTHE B1) TO RETURN THE ADVANCE AMOUNT .WE SAID THAT WE DONT HAVE MONEY TO SETTLE AS PER THE AGREEMENT WE ARE READY FOR THE REGISTRATION PROCESS AS WE HAVE SPENT THE MONEY FOR THE TREATMENT FOR OUR FATHER .BUT THE INSPECTOR IS FORCING US TO EITHER SETTLE THE ADVANCE AMOUNT TO BUYER OR ASKING US (MYSELF AND MY SISTER) TO RETURN THE SHARE OF OURS TO MY BROTHERS B2&B3 OR ELSE HE SAID I WILL LODGE U PPL WITH IPC 420 & 406 .HE THREATENED ME THAT IF A FIR BEEN FILED IN MY NAME I WILL LOSE MY JOB(AM A GOVERNMENT SCHOOL TEACHER).

SO WE THREE (MYSELF MY SISTER AND MY B1) APPROACHED THE HIGH COURT FOR AN ANTICIPATORY BAIL AND WE GOT INTERIN BAIL.NEXT HEARING DATE TOMORROW 4/9/2017. ON AUGUST 30 FIR HAS BEEN LODGED ON ALL 6 PERSONS(FATHER MYSELF MY SISTER BROTHERS 1.2.3.)UNDER SECTION IPC420 &IPC 406.
BEFORE 20 DAYS THE INSPECTOR AND SUB INSPECTOR OF POLICE ENQUIRED ABOUT THE CASE IN THE MOBILE (VIA CALL) I ANWERED TO THEM THAT AS PER THE AGREEMENT WE ARE READY FOR THE REGISTRATION . I HAVE THE RECORD OF THE CONVERSATION .

WHAT WE HAVE TO DO NOW