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dv (ghvhb)     24 April 2013

498 bail and contradiction

498a 406 504 506 read with 34 . Sisters, mom and myself main accused. Sisters got bail as they are married and I lived with my wife overseas. Mom s bail prolonged as 406 was strongly emphasized on mom and me. CONTRADICTION... on one hand 498a gang accused of articles being taken by mom when we were leaving the country, then she said it's in locker.nothing found durng investigation and house search. No lockers ever existed. Then to defame me they sent an email to my employer saying I have fled the country with articles. The judge right away gave the bail as he said that how can articles be in two places. CONTRADICITON. now the IO was present at the time and he has now filed the chargesheet. Can we argue that how can he still have 406 since the 498a gang has said I have fled with the articles. We have the copy of email and we also have the high court bail judgement where the judge has pointed the email. Besides they have not produced any bills besides wedding photographs for article's. We want to do this after we receive the CS as we want to see what they have adduced as proofs. 498A gang has limited window as after 3 years of living overseas she filed cases withing 10 days . The fact is that she has the articles with her and she has exgarated the articles meaning a false list.


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 4 Replies

dv (ghvhb)     25 April 2013

Can we essentially argue that on basis of her email to my employer that 406 should be dropped against my mom and sisters. We have enough evidence to nullify her 498a. That just leaves me in hanging.. which i can handle but I want to get my family out first which will also break their pressure tactics.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     25 April 2013

Dear DV, Your lawyer is the best judge, he must have gone through the chargesheet and document recieved by you. AS per my opinion on the facts given by you, your lawyer can argue on the point of charge and judge has the power to discharge all of your under section 406 IPC. Feel free to contact me on my mail id / mobile. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 April 2013

Dear DV

you have right to argue on charge and if the court frame the charge against you and you think that this is bad in eyes of law and the court is not appriciating the facts or matirial on record then you have right to file a revision petition before HC AND SESSION COURT against the charge.

Feel Free to call

dv (ghvhb)     25 April 2013

I am currently overseas and no bail has been sought for me. On the other hand, in DV proceedings they have included one of my brother who is a citizen overseas and a sister who lives in another district. Apart from the time of marriage they have never met me or my wife except a week before she filed cases. To play safe we have filed for quash for one of my sister accused in dv case on grounds of violation of sec 8 9 and 13 .vague allegations, not a single incident of any dv, no direct relief is sought from the respondent and she has no domestic relation as she resides with her husband separately and is married for last 20 years. The judge also warned my wife and her lawyer to refrain from telling lies as she presented my sister, brother and my property falsely claiming that I have these properties to secure a high interim.I also lost my job because of her writing to my employer We are waiting for the t 498a chargesheet to get numbered so we can receive a copy. Based on the chargesheet, we will file for discharge . So far in none of the proceedings we have seen any evidence however we are waiting for the chargesheet to see what they have adduced because we are sure it is going to be fake. Or there might be none. T Thank you for your input and I shall get backto you with the chargeqheet details.

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