Chargsheet is filled

"Nakal Department" is the copying branch of the court.

Have you  not engaged a lawyer for your defence? How can we tell you what should be the strategy? The facts of every case are different and so is the legal strategy. Consult the matter with your lawyer and none else and moreover have absolute faith in him. If he cannot help you rest assured none of us can help you.

Hi Anisha thanks for your reply.  Our lawyer is already handing the DV and maintenace. I respect  the lawyers but a few of them are corrupted like any other profession. So we are seeking other lawer for this case. Meanwhile I wanted to seek some guidance from this forum. If this is the answer you have given me is enough then this froum will be closed. See how other will reply me here.....they will not tell me rudly that  "go and ask yoru lawer ....".

Also I am so thankful to this forum for all the advice I got here.

My name, as facially apparent from my first reply on this thread to a person placed in circumstances similar to you, is Ashish and not Anisha. Hence, I legitimately expect you to use my correct name.

If you are 'seeking another lawyer' then engage another 'local' lawyer after paying his legal fees instead of culling out gratuitous legal opinions for yourself here. If you do not have faith in your current lawyer then change him and appoint another lawyer in his place.  How do you distinguish between a corrupt and and an upright lawyer? How can you be certain that lawyers advising you here are not corrupt or their advice does not suffer from the vice of lack of knowledge?

The point I am trying to explain to you is that only your lawyer can guide you properly as he alone is aware of the background facts of your case and has had the privilege of perusing all the case related documents and watching the demeanour of the complainant and his witnesses during or before the trial consequent upon being briefed by you. Law is not about what is written in the books. It is about how you put the bare provisions in practice. And why should we as lawyers even endeavour to help you? Neither have we been briefed by you nor you seem to be a person who is incapable of affording legal services for yourself. You have declared yourself to be a 'software engineer' on your profile. Hence, pro-bono considerations, prima facie, do not come into picture in your case. If you consider as 'rude' something as lucid as this then let it be.
 

Learn to accept tough but true answers instead of comforting yet impracticable answers.

There is no way to delay the chargesheet at this stage as it would reach the court in some time from the Nakal department may be around 15 days to the court which would issue you summons for appearence on the date fixed. Since this being a criminal case personal appearence would be mandatory. After some time you can put up exemption from appearence applications for the co-accused if accepted that would grant some relief to other family members.

The other way to delay it is to file Quash of Chargesheet in Allahabad HC. Earlier this used to get the case stayed for 2-3 years providing you relief and causing hurt to the girls side as the HC dates come up not easily and matters used to remain stayed for long but now a days Allahabad HC court just refer the case for mediation by directing to local court to arrange mediation and thereby no stay is provided. In your case at this stage mediation is likely to fail. So you can only resort to first option of exemption.

These cases get settled in the second or third year when the girls side realises that they have exhausted all available options and are leading nowwhere. So the more time you are able to cope more chances to succeed.

Sorry for writing your name wrong, I have never been into this law business. The word corruption I learn after fighting my false case. The doctor made a reprt and FIR is lodged....Doctor is corrupted...we met him personally and he didn't help.....Any one can make out who is corrupted or not after facing corruption in person Mr. Ashish Davessar.

Here people are advicing for free and its me who will decide what advice to take or ignore....you can not decide on behalf of me nor you can judge my capability of judging others. Put yourself facing a false case like me and my family and then you will understand the emotions and begging hands for advice. Please be a helpful person rather than judging me ......many people are suffering these days tp fight false 498a case. you are a Male and you should help every man like a brother ...I mean compassion......help the male and save the country...I am helping my brother to save a family......

Lear from Shonee Kapoor...I am so helpless after fighting this case , infact I am just listening my brother and my brother alone fighting, with no fault of him......he has to take care of my old parent, his own son and the job and then this case.........I just do not understand the way  you reply... ...your reply has invoked my emotions while it shouldn't be,,,,

I appolgy if my message is hurting you as I have not written you to hurt you but telling you the emotion of thousands of people here who are helpless in the hand of law and lawyers :)  take care and enjoy...shalini

one more thing, I am software engineer but i am Bahu of some family who can not spend money on my brother by Indian law so I am helping by collecting the knowledge. If this were my case I could boldly spend money.....I am a girl...do you have any daughter or sister who spend money on your? This is India Sir where brother spend money for their sister and daughter ...so I am incapable of affording legal services being a girl for my brother and for my parents.........if you do reply  just for money then why are you here on this forum.....?

Budhha only take my emotions in contorl now....sorry for replying your the truth...

thanks Sanjeev for your reply.  Its a useful information and I have passed it to my brother who was thinking to postpone this.

Sanjeev Sir, what if girl side is not exhausted? They are very active in doing all wrong things...is it a casue of worry? What if our lawyer is not capable to saving us like we are almost failed in winning DV case becasue of our laywer and biased judge.......though we have got a refernce of very good lawer to fight 498a  so I have a hope we will be saved....

@ Shalini

I don't judge anyone. Neither do I need to learn anything from anyone.

And how dare you accuse me of replying here for money? I do reply here when I consider someone genuinely in need of legal help without being capable of affording legal services for himself/herself due to financial constraints. I sincerely expect you to apologise for the following defamatory comment, "if you do reply just for money then why are you here on this forum.....?   Did I say that I would reply if you give me money?

Let me infrom you that considering the defamatory imputation manifest in the above statement of yours I have toyed with the idea of filing a criminal case for defamation against you which may result in you facing imprisonment for up to 2 years on being found guilty. However, considering the legal misery you are already facing I would sincerely overlook it if you make an unconditional public apology on this thread for the same. Hence, you are advised to apologise for the above defamatory comment at the earliest possible opportunity in order to avoid a criminal prosecution for defamation.

Make an informed decision.

Regards,

Ashish Davessar

Advocate

@Aashish,

(If you are 'seeking another lawyer' then engage another 'local' lawyer after paying his legal fees instead of culling out gratuitous legal opinions for yourself here.)

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-@Shalini

(if you do reply  just for money then why are you here on this forum.....?)

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_

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I think these are the two sentences responsible for misunderstanding and the minor dispute between you two!

If seen neutrally both are hurting each other..so , I hope you will realise the fact and won't talk about closing this forum..

For sake of continuity so far as knowledge sharing goes as in;

- debate and/or
- change allegation - counter allegation subject lines

I suppose I should bat for @ Shalini;

She has recourse available under Ninth Exception in case ld. brother Ashish moves Crl. def. case against her J

'Imputation' made in good faith by person for protection of his or other's interests.

It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interest of the person making it, or of any other person, or for the public good.

Illustration with reference to ‘alleged crl. def. matter’:

'A' a litigant's 'relative' (@ Shalini's brother's case is this; I suppose), says to 'B' who is a public figure, who gives consultation to general public -"if you do reply just for money then why are you here on this forum.....?.
Here 'A' is within the exception, if she has made this imputation on 'B' in good faith for the protection of her own as well as her own relative's (brother's) interests.

Morale: In public life one should detest challenges from/to chicken hearts!

[Do you recall Jstc (Rtd.) katju’s remark; ‘something rotten” which SC till date has upheld ?]

Welcome back dear Tajobs!!

I agree with Ranee... Ashish Devessar made a mistake and in reply  I also made a mistake while I should not. I am not here to correct any one.  Dear Ashish Davessar, I apology publically on this forum for making such statement after hearing the similar statement for me which hurt me deep down in my heart.  I am sorry for being rude when you advice me to spend money for my brother’s case as I am software engineer. I hope your anger must have been calm now.