HariOm HariOm (Technical Head) 09 October 2013

498a charges fixed - 9 months on

A week back it was fixing of charges and since the electricity had gone that day, Judge asked me to come by myself today for signing the sheet. This judge is a new 26 year old & recruited only 2-3 months back.

When I went to the judge today, he gave me a sheet of charges which read like "On xyz date, I assaulted my wife with a BLUNT WEAPON...(under 323)... On such and such date I assaulted her...". Total 5-6 points. I was amused at reading this and told the judge that these charges are completely baseless and there is not even any mention of assaulting the wife with a weapon/stick or anything like a weapon anywhere in the FIR.". Moreover, there is no evidence that my 498A has submitted!

Judge said it must be there somewhere in the FIR, that's why he wrote it like that. (Now, I remember the FIR by heart and believe me there is NO mention of any assault with ANY object). I asked him whether my signing this sheet amounts to acceptance of guilt on my part. He said no! there will be trail and said "hum kis liye baithe hain, hum faisla karenge"! So, I signed but I immediately felt that Judge is trying to FRAME me big time. Now, he has given date in Nov. for prosecution witness!

Is this how CHARGES are fixed, by mentioning "On XYZ date, I assaulted my wife..."? I strongly feel the judge might be partial since this judge's father and a relative of my lovely 498a were practising law together in Delhi High Court earlier. Can some application be filed against the judge in sessions?

My lawyers are actually a senior lawyer and his 2 sons. The senior lawyer is top lawyer, argued very well during my bail but now prefers to send his children for all presence. Even during argument on charge, the senior lawyer didn't appear on my personal request as well. He shows to take interest when I speak with him at his table but doesn't go to the judge. Other lawyers suggested senior lawyers go only at times of cross and argument. Is it true or should I think of changing my lawyer?

Please reply a little in detail. I am concerned by the way this judge is behaving.

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7 Replies

Sonia Verma (Lawyer) 09 October 2013

Hi Hariom

There are lot of people who are or have gone through similar case of false 498a, dowry and divorce petitions and they need good strategy and advice through legal professionals to prove innocence.

It is imperative to note here that 498a cases are criminal in nature unlike civil or family disputes wherein normal advice of civil lawyer may not be beneficial to achieve the end goal, hence you need advice from a expert criminal lawyer and get consultation from efficient Supreme Court or High Court lawyers who can actually give you good strategy to build your case.

The practical difficulty is such that it gets difficult to find a reliable lawyer on your own. However now finding a lawyer who has expertise in criminal litigation is not difficult.

You can go to lawkonect.com which specialises in providing expert lawyer consultations to people who are caught in false 498a or divorce or dowry cases quickly and efficiently.

Hope this information will help and will give better incentives to victims of false 498a better counseling and vigilant consultation experience.

Regards

HariOm HariOm (Technical Head) 09 October 2013

Well, thx 4 ur advice but I don't see any Gurgaon lawyers on your website. Apart from that, your reply doesn't answer any of the queries raised!

ashoksrivastava (scientist) 09 October 2013

@querist

did FIR include ipc323?

regards ASHOK

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 09 October 2013

The charges are framed like that only.

The magistrate charges you for the any offence followed by questions like:

Do you agree to the said charges; or you wish trial.

The accused denies the charges and wishes a trial. And signs it.

Magistrate is not trying to frame you. You could have consulted your lawyer at the time of framing of charges.

Regards,

Shonee Kapoor

www.shoneekapoor.com

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

HariOm HariOm (Technical Head) 10 October 2013

@Ashok! Yes, the FIR included 323 but what judge mentioned in the 323 charge was nowhere mentioned in the FIR.

@Shonee! It may be the difference of paperwork in different districts but my uncle who is a senior lawyer told me the charges usually start with "You are charged with...." and not with "I assaulted...". It's a difference of "You" and "I".

Had a chat with a PP, a friend, who told me it doesn't matter and in Gurgaon it starts with "I" instead of "You". Though I feel it's wrong and an admission of guilt can be obtained very easily fraudulently like this.

ashoksrivastava (scientist) 10 October 2013

@author if FIR included ipc 323 then may be in her crpc 161 statements to IO she gave details of marpeet. You should have got these statements along with chargesheet submitted by IO to court. crpc211 to crpc 213 specifies details that should be given while framing of charges like date and place of offence,relevant sections of IPC and if required ,how was the offence committed.there doesn't seem to be any thing suspicious.You can reaffirm it with your lawyer in case of doubt. regards ASHOK

HariOm HariOm (Technical Head) 10 October 2013

@ashok, in the challan I got, there is no 161 statement of complainant. I think they have merely taken the FIR statement of my 498a babe as basis.

But still, there is chance of a fraud when charges start with "I" rather than "You". I mean its the judge who's charging you and not you who's admitting guilt.

Thanks though!