Conviction in ipc 498-a, 306 by surendranagar sessions court in 2008 , criminal appeal before gujara
Hareshkumar Shrimali
(Querist) 06 March 2013
This query is : Resolved
Hello Experts,
I was Convicted under IPC 498-A, 306 by Surendranagar Sessions Court in 2008 , Criminal Appeal before Gujarat HC. I am on Regular Conditional Bail.I am 51 to-day & am B.Sc., FICWA, CAIIB, LLB. I got married on 07-05-1987.My only & only Son Kevin came on the earth on 31-10-1988. My late FIL was a Retd. Deputy Collector & practising lawyer till my wife committed suicide in Dec-1996.My late Eldest BIL was M.Sc., LLB, my elder(52) id MA, LLB, B.Ed. & serving at A'bad Mercantile co-op. Bank Ltd. since last more than 20 years. I was serving at Punjab National Bank, Surendranagar Branch from my native Limbdi. My late wife was also serving as " Mukhya Sevika" under Dist. Panchayat, Surendranagar at Limbdi & some villages of Limbdi. We were staying seperately after 7-8 months of marriage.
My Complete Facts are toooooo much long & much more complex . Plz, Sir Guide me if you are absolutely Sure my following queries :
My late BIL ( the original Complainant in Criminal Case ) & my elder BIL filed a Civil Suit under Section 5 of GAWA to be appointed Guardians for the person & Property of my Son Kevin at City Civil Court,A'bad in 1997.They prayed for interlocutory injunction in this suit. My 1st Query is :
1) Under GAWA , if any person/s want to be appointed a uit can be Guardian for Minor's Person & Property, a Civil Suit can be maintainable/sustainable under section 5 of GAWA ( The Guardians & Wards Act )?
2) After taking this Legal Point still City Civil Court( & thereafter Family Court ) did not take any action case continued. After getting Guj.HC's Directives twice, Family Court didn't complete all Proceedings.
3) I gave an Application to City Civil Court ( Chamber Summons ) to lodge Perjury case against both my BIL & SIL as they misguided the C.C.C.A'bad to take interlocutory injunction ( on oath, on seperately filed Affidavit in support of Exh. 6), after a period of 7 years, Family Court rejected this Perjury Application saying only that in this, no main point is concerned. I took speaking Order from Gujarat HC that if Plaintiffs ( my BIL & SIL ) not produce all the listed documents & proofs within a week's time, the case must be discarded & Counter Claim by defendents' prayers must be heard. Nothing happened till my Son became 18 & this matter became infroctuous.
Please Answer me,step by step in . Company at Ahmedabad.
One thing I forgot to mention, I filed Criminal Appeal after rejection of my Perjury Appln. by Family Court,A'bad at Guj. HC Division Bench. My Advocate was not loyal, I changed 6 lawyers in-between 1997 to 2007, even at Gujarat HC. He or his Junior Lady Asst. never appeared nor informed me abt dates of my Appeal after Admission. Last Order of my Criminal Appeal No.300/2002 is as under :
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL APPEAL No 300 of 2002
--------------------------------------------------------------
HARESHKUMAR JAYANTILAL ALIAS JAGJIVAN SHRIMALI
Versus
SHAILESHKUMAR NATHALAL
--------------------------------------------------------------
Appearance:
1. Criminal Appeal No. 300 of 2002
MR BM MANGUKIYA for Appellant No.
MS BELA A PRAJAPATI for Appellant No.
MR PJ YAGNIK for Appellant No.
MR SHITAL R PATEL for Respondent No. 1-2
MS HARSHA DEVANI, APP for Respondent No. 3
--------------------------------------------------------------
CORAM : HON'BLE MR.JUSTICE KSHITIJ R.VYAS
and
HON'BLE MR.JUSTICE AKSHAY H.MEHTA
Date of Order: 14/09/2004
ORAL ORDER
(Per : HON'BLE MR.JUSTICE KSHITIJ R.VYAS)
1. The Division Bench of this Court had on 25/6/2003
granted three weeks time to the appellant to furnish the
paper book and registry was directed to list the appeal
for final hearing after the paper book is supplied. Even
though more than a year is passed, the appellant has not
supplied the paper book. The R & P is lying idle in the
office and consequently the pending matter before the
Family Court is not proceeded further.
2. With a view to give one more chance to the
appellant, we grant two weeks time to the appellant to
prepare and supply the paper book, failing which the
appellant will lose his right for early disposal of the
appeal. On the expiry of two weeks, the Registry will
return the R & P to the Family Court.
[ KSHITIJ R. VYAS, J.]
[ AKSHAY H. MEHTA, J.]
* Pansala.
1 of 1
CRIMINAL APPEAL/300/2002 06/03/2013 04:00:46 PM
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What must I do ? HC could hv rejected my Appeal, but it's strong, hence one more chance has been given by HC Ex-Parte ( without my Adv. B.M. Mangukiya or Junior Belaben Prajapati ). I was not informed abt Date, I was staying at Limbdi at this time. Sir, please answer & guide me step by step.
ajay sethi
(Expert) 06 March 2013
contact your lawyer . ask him to prepare the Appeal paper book .
Raj Kumar Makkad
(Expert) 06 March 2013
1. The petition by your BIL was filed in the year 1987 and you are raising it during the year 2013 here so first of all you have to tel the fate of his petition and convey us. The question of maintainability has no relevance now.
2. This is not a query rather are facts.
3. You need to follow the direction of the High Court otherwise you shall lose the desired opportunity. Either personally go to Ahmedabad and get it done through your old lawyer or replace him but compliance be ensured by you at any cost within the stipulated period.
