406
Akbar Khan
(Querist) 12 May 2012
This query is : Resolved
Sir
A complaint against me my family father ,mother, brother was filled in Women police for RPC 498A & 406 on oct 2010,which culminated into challan/chargesheet in Court in Dec 2010 and challan /Chargesheet was filled by police against me only for RPC 498A & 406 .Now from Dec 2010 till date it has now come to final stage for argument whether the charge is to be framed or not.
Yesterday The Hon'ble Judge asked me about her belongs with me and said be sincere and said us to meditation center with three advocates from the court and the lawyer of lady,My lawyer was not well and could not attend ,even though same was communicated to the judge also.I sincerely gave the list that contains some Electronic Gadgets & some gifted golden items by her to my parents,but in 406 she has given a large list.The lady was adamant on the list which she has submitted with 406.
In spite of my sincerity the judge said i will punish u otherwise return all belongs,even though i gave actual list which is with me,The Judge said i will convict you with a fine less then 200 so that i cannot appeal.Or I will sent it back to CAW cell(Women Police) from re-invetigation
Plz advise what to do i am disturbed,as the judge has kept next date on wednesday.
PARTHA P BORBORA
(Expert) 12 May 2012
if you are true and if the court will really convict and sentence a fine of rs. 200 just go for it!!!!!!
Akbar Khan
(Querist) 13 May 2012
It is not even chargesheeted yet,it was said to me by the Judge in Meditation center " The Judge said i will convict you with a fine of less then Rs 200 so that i cannot appeal because he said for appealfine should be at least Rs 200 or more (As I am Goverment Empoly & I will get Termination once I am convicted)" that what the judge wanted to convey me
.Or "I will sent it back to CAW cell(Women Police) for re-invetigation"
Plz advise what to do
Sudhir Kumar, Advocate
(Expert) 13 May 2012
Then why do not you return the belonging.
It appears you have lost opportuinity to disprove the list given by her. It appears you must have been reckless or overconfident in the beginning.
In case judge has already threatened you with such a cryptic sentence, you consult your lawyer and consider making application for change of judge. Even if this petition is rejected yet the sentence given by the judge can be challnage on the ground of being pre-meditated.
Shonee Kapoor
(Expert) 13 May 2012
You should return the belongings.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Akbar Khan
(Querist) 13 May 2012
I have always said I am read to return the belongs,what ever is with me,but the list given by my wife is endless in RPC 406.Even though I said same in CAW cell but the lady didnt accepted there also.I also said it in my Talqnama in writing that "The Electronic gadgets and other minor items bought by her are with me & she is at liberty to take the same at any time "That i have said 1 year before RPC 406 was filed against me
So there is nothing that i donot want to return the belongs,but what is with not what ever is available in market.I even gave the list of gift item which she gifted to my mother & my in laws gifted me & said to Judge i am ready to return gifts also.
ajay sethi
(Expert) 13 May 2012
on wednesday make sure your lawyer is present . what is differnce in your list and one given by your wife?
V R SHROFF
(Expert) 13 May 2012
& return whatever belong to her.
Akbar Khan
(Querist) 13 May 2012
Sir,
1)Difference is almost 30 Lacs,because her list contains all item available in market & golden ornaments worth almost 25 lacs.
2)I am always ready to return what ever is with me but as for as golden ornaments are considered she has taken all that with her and she asking to give me these ornaments.
