Section 498 (a) with 307 of ipc
Madansingh Shekhaawat
(Querist) 29 March 2012
This query is : Resolved
Investigation officer has superadded section 307 & 341 of IPC in original offence registered u/s 498 {a}, 406 & 34 of IPC just because the influence and pressure put from complainant’s father who also is working as ASI at Mumbai police. Actual pivot of the entire story is, complainant is suffering from personality disorder and this was hidden by her family at the time of marriage.
Husband and his father, mother, sister with brother in law are implicated in this case. Actually main accuser’s sister and her husband has no connection with this matter but police have recorded later on statement mentioning that, “her husband have had threatened her of dire consequences if went to police and he may also kill her and main accuser’s brother in law was supporting at that time” just to add enhance the seriousness of offence with non bail able sections. Now my queries are:-
1) How can section 307 of IPC be added in such matters on the supplementary statements that is also when there are on use of any weapons and even no grievous injuries?
2) Immediate bail application was rejected by JMFC for the reason of SRIDHAN recovery. 2nd bail application was also rejected by JMFC on the grounds that the added section are session court trial able hence dismissed. now even 3rd application also rejected by session court mentioning investigating agency have to arrest the 5th accused; actually 5th accused have been granted an AB and next hearing is held on 7/5/2012- are there any chances of rejection his regular bail?
3) Two of accused are female and one is senior lady with 62 year of age. are there any chances for this ladies to be released on bail?
4) Can main accused apply for MCD? Or he will have to file under HMA?
5) Can Accused apply for quashing of section 307 of IPC which is actually later on thought?
Shonee Kapoor
(Expert) 29 March 2012
Yes, MCD is possible.
But you should move higher courts for regular bail.
the price would come down after bail.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Madansingh Shekhaawat
(Querist) 29 March 2012
BUT IN RECENT JUDGEMENT, MUMBAI HIGH COURT HAVE SPECIFICALLY MENTIONED THAT BAIL APPLICANTS SHOULD APPROACH WITH SESSION OR CONCERNED COURTS FOR BAIL BEFORE APPROACHING WITH HIGH COURTS.
THANKS!
Madansingh Shekhaawat
(Querist) 29 March 2012
I WOULD LIKE TO ASK WHETHER ACCUSED OF THIS STORY GO AHEAD WITH THE SOLUTION SUGGESTED BY OUR LEARNED MEMBER IN ANOTHER BUT SIMILAR ISSUE I HAVE COME ACROSS JUST 2 HOURS GO? THE SOLUTION IS:
To make your case stronger and to expect an earlier settlement file counter cases against her to give her a taste of her own venom.
Below is a list of counter cases.
32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation),
200 (examination of complainant),
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant),
250 (compensation for accusation), 306,
321 (with drawl from prosecution),
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation),
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation), RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to " protection officer " and lies that you abused her "physically, emotionally or economically", file a damage recovery case u/s 9 of CPC against her. Legally, you must issue notice on the same day or next day. The suit will continue for long time. It has no risk.
Also u/s 9 of CPC (law of torts), claim damages for loss of consortium
THANKS!
Madansingh Shekhaawat
(Querist) 29 March 2012
WHETHER SHOULD ACCUSED
File an application u/s 340 Cr.P.C. so that court could file a complaint against your opposite party u/s 193/199/200/211 IPC.
THANKS!
Shonee Kapoor
(Expert) 30 March 2012
All these sections are possible either during trial or after aaquittal.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 30 March 2012
And as you have already mentioned that bail is cancelled from session court, you would need to move higher court only.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
