False 498a and other sections through 156(3) in district court citing letter written to ssp
vikas
(Querist) 16 March 2012
This query is : Resolved
Dear experts!!
A case was filed 3 years ago falsely by father of advocate wife in one of the district court of UP showing three months old incident and going through 156(3) of the crpc act in district court through a letter written to ssp three months later of concorted incident that local police has not taken any action and no investigation done by police and the court accepted their complaints and without any evidence but only on the versions given by the fake witnessess who are their family members or related to them but living girls district and i was living in Different city i.e. Kanpur which is more than 200 km away from varanasi where the girl belong to. Thereafter court summoned me and five family members including ladies and then we went for stay through high court on ground of seeking mediation but in mediation they demanded huge money only to fail or to extort the mediation. mediation as we are unable to pay that sum and the high court ordered to appear in lower court within one month so what are the grounds where all of us get the bail as the report of probationary officer of kanpur in other dowry case is in our favour but there is no report/investigation done by police on whose ground and place the girl father has fabricated the story. also the complaint being filed by father in law and no evidence provided and court even didnt bothered to get it verified or investigated by police but the court/judge summoned our entire family on basis of false witnessess version so what are the grounds of us getting bail and why should we appear before court if we had not done anything and getting threat from our lawyer that the male members will not get bail initially. we either do not want to appear or want bail in one day as the judge has been empowered or bribed in this case to go against us. because even a common man can judge that their application has no truth but the judge had summoned us. I have no hesitation to name that judge and what are the chances of taking action against this judge as he is liable to make judgments against us as he is being bribed or influenced to do so which i am sure. even those people can influence the high court.
vikas
(Querist) 16 March 2012
Dear experts!
what to do in this case.
vikas
(Querist) 16 March 2012
any judgement related to same type of case from supreme court or high court to seek bail same day as the judge has made his mind not to give bail to male members as told to him by the influencers as high court has ordered that female members be given bail if possible the same day and the bail of male members now totally depends upon the judge as the same order was got passed from high court in their favour and the lower court judge is bound to do the same as they have people in high court to influence things and have done that. what my inlaws are speaking at every stage of their demand for money is happening through the court so now I have little faith in Indian court who is helping them in our harrassment. My wife is having pre marriage affair with a boy and she hided things and had convinced their parents against me and do not want to live with me so she fabricated ill treatment from my side and went home and when they came to know that I got this information and the marriage cannot be worked out they fabricated and framed us for money demand. I have no time to fight this case as I do small buisiness.
vikas
(Querist) 16 March 2012
kindly help with your expert opinion
Nadeem Qureshi
(Expert) 16 March 2012
Dear Vikas
no need to worry, according to recent SC judgement, Bail is right and jail is exception. all of you can file a quash petition before Allahabad HC, recently in many cases Allahabad HC grant interim bail in this type of matter, I also file my client's quash petition before HC and get interim bail order.
feel free to call
Nadeem Qureshi
(Expert) 16 March 2012
if you want any judgement in this regard, you can call me
vikas
(Querist) 16 March 2012
After failure of mediation allahabad high court ordered citing supra case, lal kamlendra case, joginder kumar case to appear before lower court and if possible same day bail to ladies and fresh application for disposing under 227 and citing it is middle of lower court investigation so the high court cannot quash thr 482
Kiran Kumar
(Expert) 16 March 2012
In non bailable cases, bail is not a right.
the quashing petition shall not be filed blindly....the actual place of cruelty is quite important in this case.
if the trial court is not willing to grant you bail then certainly you will have to move HC.
unfortunately in UP the provisions of S.438 Cr.P.C are not in force.
vikas
(Querist) 16 March 2012
Also high court has given one month time to appear before lower court and during this period nothing can be done against us by any agency is this can be taken as interim or interim bail is different version kindly help
vikas
(Querist) 16 March 2012
I want more expert solution so that this forum can help people get justice and the blind eye of our law and unlawful people will be defeated through our expert solutions and conclusions
Advocate M.Bhadra
(Expert) 16 March 2012
Provision of sec.438 Cr.P.C.for anticipatory bail now is not in force in U.P.So you can file a Quashing Petition u/sec.482 Cr.P.C. in High Court against the said case.
Sanjeev
(Expert) 17 March 2012
when a criminal complaint is filed against you by your wife and the case is registered dont try to object on the judges decision this is the way the court is bound to action as per the law.
The best course of action is to seek bail within the time granted to you by HC as if you miss this timeline then you would not have any other options open. Considering the directions of HC you are most likely will get bail on same day.
If you miss appearing in this month it would be considered as a violation of HC orders and if you appear after this one month period there are chances of rejection of your bails by the lower court.
Court works as per procedures laid down and even if you are aggrieved you have to follow the orders else you will be behind bars.Dont look for options resulting in loosing this one month timeline.
vikas
(Querist) 17 March 2012
if in any case i will not get bail first day then what to do
vikas
(Querist) 17 March 2012
also court would have asked for investigation by police through proper scientific manner in which call details would have asked for the mobile no which i was using if they same was located in or around the crime area and other scientific manner that they would have asked the complainent why the complaint was filed by girls father and not by girl who is sound and well also there are so many reasons and findings which the court would have sought before going in for summoning and if wanted they would have summoned me as in their complaint case they have mentioned my name that i have taken and thrown girl near station and i was living away from parental home with my wife then also they have summoned whole family to help the girl family to harrass us and helped them in first stage to extract and extort our hard earned money
Sanjeev
(Expert) 17 March 2012
then you will be taken in custody and your lawyer will move an application in sessions court that will grant bail.
when there are no options available you have to apply for bail you have exhausted the Quash option at Allahabad HC and this was the way it could have been stayed for so long by giving you stay of arrest.
As if one month elapses you would not have any remedy.
Now the Allahabad HC has issued directions to CJM's and there are generally no arrests nowdays in 498A so there are more chances of you getting bail.
Check with your local lawyer for local courts trend in granting bail in 498A. and prepare for the sureties.
Shonee Kapoor
(Expert) 17 March 2012
I also disagree that bail is a right means that bails are not rejected.
It is now a standard practise in Allahabad HC to give this directions.
I hope you have an effective lawyer.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
vikas
(Querist) 17 March 2012
As per my knowledge the judge has been forced by some high court judge who is being influenced by one retired district judge who is the relative of the girl not to give any bail to male members i.e. me and my father because that retired district judge has confessed to one lawyer which was first hired by the opposite party then they changed to different lawyer
vikas
(Querist) 17 March 2012
Can we seek to court that our bail application should be heard by some senior judge with clean image.
vikas
(Querist) 17 March 2012
If court send anyone of us in custody/arrest then our entire faith in Indian law will be lost.
vikas
(Querist) 17 March 2012
Nadeem ji high court has already given us one month time to appear in lower court and as per my knowledge this is only the interim relief or bail
Minanshu ji our 482 in high court is disposed with direction to appear in lower court.
Kiran ji you have expressed helplessness citing non effection sec438
Sanjeev ji your opinion is the only option but how I can safe myself from corrupt judiciary who has already ordered our summons though they know the case failed at very first stage i.e. even a laymen would have rejected the same or have asked police investigation before proceeding further. and what to expect of the same court they will catch their pray and what our helpless lawyer will do.
Pls guide me how should I ask my lawyer to present the case so that we all would get bail first day
vikas
(Querist) 17 March 2012
Their is no police investigation report reached the court till date and the court has no evidence like no medical report/ no material evidence etc.
The only things on which court summoned was the versions of fake witnessess belonging to their family and village.
The decision of summoning has been taken by a Junior judge civil who's total experience is not more than three years as he was appointed in 2009 only and I think it is his first posting
vikas
(Querist) 17 March 2012
What are the conditions and grounds our bail application will be rejected
Also what are the points to be put in bail application to get our bail application effective and the same should not get rejected
Is their any sole minimum criteria above which the bail is rejected and below which the bail is granted.
We all know the law must have some core guidelines to be followed and taught to the judges to decide the bail application or it is just on the individual mindset of any judge to grant bail or not to grant bail and their is no further action on any judge not following the guidelines.
vikas
(Querist) 22 March 2012
If any possibility courts in UP are not allowed to grant interim bail to husband after direction of high court to look d matter with amravati and others vs state of UP and lal kamlendra kumar singh vs state of UP and the court has simply summoned full family on false witnessess grounds under 156(3) without seeking any police report and scientific report and d said judge is looking all husbands as same and sending all husbands in jail first and bail thereafter and made a single trend is there any violation of high court direction here by not even allowing interim bail and doing irreparable loss to a person by making it a trend and applying to all husbands do they have rights to do anything of their mind these judges examination has to be taken with some period to check if they have become judge by default
vikas
(Querist) 22 March 2012
Hi any further advice
V R SHROFF
(Expert) 22 March 2012
If court send anyone of us in custody/arrest then our entire faith in Indian law will be lost.::
Good , u have faith till date!!
Shonee Kapoor
(Expert) 23 March 2012
I guess you have an effective lawyer.
If only on influence the bails were to be rejected, then atleast half of the people would never be admitted on bail.
Let go of the fear and fight the case on merits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
vikas
(Querist) 23 March 2012
Dear sirs,
I have lost fait in lower court as my antrim bail was rejected and then next day my regular bail was rejected by civil judge and thereafter district judge granted antrim bail and not regular bail and i checked with records the complaint case was filed after 11 months old false incidents citing and registered letter was sent to SP district on the same basis they filed 156(3) and that judge not asked for any police enquiry and on just three witnessess has summoned entire family and then on high court order of amravati and lal kamlendra the judge said to our council that session judges are not empowered to grant the antrim bail and rejected the antrim bail and then next day rejected the regular bail
vikas
(Querist) 23 March 2012
My lawyers said in lal kamlendra judgement the supreme court has cited the judgement of supra case i.e. joginder kumar case and given 7 points on which bail cannot be considered and my case was away from all the seven cases.
How can a civil judge can do this without any police report or evidence but on false 11 months old incident thr complaint can attract the jail
vikas
(Querist) 23 March 2012
The Judge only agreed to opposite party that the trend of this court not to grant any bail to husbands and so do not provide bail to this husbands on which the judge given nod through his head to their counsils and also the opposition councils cited that come with fresh hand i.e. why we went to high court against that judgement and taken stay for mediation they said we have gone against the civil court judge judgement in high court for stay and mediation. pls tell me it is not our fundamental right to get justice from higher authority if lower authority with some dalals and touts the judge is also mingled with them in not granting us bail
vikas
(Querist) 23 March 2012
where i can complain about this as this court has forced me and made be criminal by implicating me and sending me in police custody and i have lost all hopes now and fear my regular bail will be rejected through these touts and dalals. I am very depressed and down and have very hard pain in my heart about this all my family has been put in deep wounds which will never be taken back
vikas
(Querist) 24 March 2012
even if that judge has in mindset that that all husbands will first be sent to jail then bail then also he is not doing justice but putting his own mindset but not the judiciary system in the judgment or being in hands of some touts or dalals as told by some people of his court that he is being pressurised by some dalal to do the same.
vikas
(Querist) 24 March 2012
the complainent in my case is father in law who is no more than also my case will go on or I have any right to get out of this complaint. All over UP some dalals and touts with convenience of few corrupt judges are destroying the families and making law abiding people the criminals. Though the same judges are giving bail to henious crime in first stage like rape/docoity/murder/etc etc.
vikas
(Querist) 24 March 2012
Till date i have not taken the name of judge not because of any fear from him or the corrupt judges lobby but i am unable to read wheather he is qualified for his post or he is enemy of our judicial system or he is being forced by someone to deliver this judgement or he is totally unqualified and have become judge by paying. even after becoming judge by paying or corrupt means he should use his mind in delivering the judgment but he has become rigid and rigid and i dont know why he is taking any personal enemity from me. What harm I did to him. why he is not studying the whole case. Why he is not seeking proper scientific investigation method and law books and latest judgments.
vikas
(Querist) 24 March 2012
i will not seek any transfer of my case from his court and will see how well he will make chargesheet against me and upto where he will go against me. how well he will draft case against me. Now my fight will not from my inlaws but from this type of judges who through their judgment are helping people in extortion racket.
vikas
(Querist) 24 March 2012
my case will be a popular case in India soon which will help entire India against touts/dalals based judges.
vikas
(Querist) 24 March 2012
if any judge is not following the high court or supreme court orders/judgements and have become lion in delivering his own out of law judgement or work with the loopholes of judiciary then their should must be some accountability.
V R SHROFF
(Expert) 24 March 2012
""the foolish uneducated judge only agreed to opposite party th""
Please do not use words that may mean "Contempt of Court" and u may lend in further trouble.
Provision of Appeal and revisions be used.
After all, it is well established Law Administration, and court procedure, enacted, & approved by your representatives, selected and elected by you, for controlling your behaviour and act.
Whose fault?? Who are corrupted Parliamentary, or judiciary or Police??
If all drop their moral standard, leave honesty, only victim will be penalized, because he is honest, not of his caste of dishonest dalals. Greedy police, and judicial officers.
After all, by sending you to jail, your wife already signed a cheque of total breakdown of her matrimonial home. Temp punishment to you will result in Lifetime punishment to her. Do not divorce her. She will spoil her life. You have choice, not she!!! tit for tat???
Be bold, never give -up. wife and her influential relative will certainly repent. no one will be with her after 5 years when she lives alone!!!repenting what she does of her life for temporary anger!!!
vikas
(Querist) 27 March 2012
i had filed interim bail in civil judge junior division who has summoned and he denied interim bail then i was sent to jail and my condition deteriorated and was in hospital for three days in police custody inbetween my counsil applied regular bail in same court judge but he denied regular bail and then my counsil applied regular bail in district judge court wherein he granted 14 days interim bail and has asked for medical reports as the opposite party council contended that i faked my illness and the district judge said that he will see the medical report and then look for regular bail. I don't know about my medical reports but doctors said my report is not bad and they are influential people who can bribe anyone so what are the chances for me to get the regular bail after interim or i may sent to court if my medical report will be negative.
vikas
(Querist) 27 March 2012
Also if i cannot give up then i can also destroy my marriage and unable to remarry. what are the counter attacks i can do on them so that they can be nailed down for mutual compromise.can i file RCR at this stage and what are the cases we can file against their false 498a as we can also have some liberty if someone harrasing us in false criminal case can we go to our hometown court and file case against them for their act.
vikas
(Querist) 27 March 2012
shonee kapoor ji in Uttar pradesh district courts you cannot fight your case on merit but either you are strong enough to tackle things yourself or bow down to these dalals and corrupted system and loopholes of law. yes their is provision of higher revision but till then who are the sufferers and whose life in going to be destroyed in long battle of courts. these judges do not think twice the job of a person and his liabilities before issuing such summons and orders but are sold in wrong hands to pass their judgement
vikas
(Querist) 27 March 2012
V R Shroff ji how a judge can take congnizence of a case and summon and not grant a bail on just 156(3) on false grounds after 11 months and without any police investigations but on belief of two to three witnesess sitting far off in their hometown when the wife involved is also a lawyer with LLM qualification and father lodging 489a on her behalf and no medical reports and different stories in different cases filed by them. The judge has either gone beyond his limits of judgement or being influenced enough to go against me or have limited knowledge of law whatever the case may be but has harmed me for whole life and my belief in law is no more. only tainted people say that they belief in law because our law is meant for them i.e. for their relief
vikas
(Querist) 02 May 2012
for four consicutive surrenders after first interim I am harrassed for not granting regular bail as the other side wanted me to pay extortion money and the other side advocate is a leader in district court and the matter is with district judge how the mockery of court is being there and twice they have done strikes so as my regular bail should not be heared and I am travelling from 1800 km to distict in Uttarpradesh. The other side advocate is demanding money and says the money first given to him to forward to girl and then he will make one compromise letter through 175 and i am asking him to come through mediation cell of court to compromise and I am ready to pay the extortion money but in court so that all the four cases against me should be withdrawn and no further cases should be filed by both the sides and the other side advocate do not want to do the compromise through mediation cell of court and do not want that I should deposit the money in court through DD but wanted DD to be given to third person of his choice and then he will do the compromise through 175 and I am not sure that he will not cheat me this time as I was cheated by my inlaws many time and have no belief in them. Pls guide me what is proper way to do compromise and pay the money through court so that all the present cases against me and my family be withdrawn and no fresh cases in future should be done by both parties and divorce should be done.
