Best way to fight against false 498a

                                                        498A

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.

Dear ld. Lawyers n experts,Plz enlighten me on the following issue:

A1 and A2 been accused in the false 498a of dowry harassment case. There is no iota of evidence against both of them. But, then also the sdjm has taken cognizance of the case u/s 498a and dpa u/s 3.A2 got Ab from session court whereas A1 had applied Ab before HC.Due to summer vaccation in the previous month the benches were not regular hence the listing of daily cause list had gone above 1500. Meanwhile, the lower court had issued NBW against A1.Now, the scenario is that what to do in this absurd condition.How to get stay on NBW?How to win this false 498a?Due to this false trap game A1 is on the verge of loosing his job and reputation. His family been traumatized and he cant concentrate on the betterment of his career.The scene is that A1 is not ready to live with her anymore due to continuos harassment by inlaws and his wife.No conjugal life would establish between them but then also she is not ready for mcd.In this vernacular situation what to do to avoid arrest?Plz guide and show the right path.Thanking you in anticipation. 

Evade Arrest by Underground etc.

When HC Bail is pending then you get TRANSIT BAIL OR STAY IN LOWER COURT PROCEEDINGS TILL HC DECIDED.

 

NOT worry just evade arrest till matter comes up in HC.

 

Tell me one thing:-

If u applied for Bail in HC then why you have NOT got any date as yet.

Tell me datewise events in detail.

Also tell why your Bail Application in HC is NOT under knowledge of lower court.

I want to know the stage sop I can guide u.

Speedy Trial Sample Petition (Updated and Complete Petition).

 

Please see the attached file for Speedy Trial petition (Updated and Complete Petition)

 

 

Thanks @ Mr. Bani.

MY CASE AGAINST POLICE UPDATES :-

 

I went to Vigilance on Monday & gave my 45 page WS as they called me to submit.

Before that Insp Vigilance tried to pressurize me to take back my complaint but I told reasons & How Criminal Conspiracy done against me.

When I told him that my complaint has name of your PIO & FAA also then he told me that they are our seniors we can't take action against them, so you write that since seniors are involved hence Vigilance will NOT do a good work.

I said NO SIR. I will NOT take it back. YOU if feel like reject my complaint.

While pressurizing me he asked to give EVIDENCES also. I said I will give in court.

He again pressurized me then I told him, SIR ASK ME IN WRITING. I will reply u or give u evidences. He immediately kept shut listening this & sent me with IO to record statement.

 

On next day, Tuesday I had a date with MM for my complaint against Police Authorities.

He was silent for 3 minutes reading something. I kept standing. He asked then Do u have filed another counter in court besides this written complaint which came thru CJI HC. I said NO. I asked SIR WHAT IS THAT WHICH OU ARE READING. He said nothing, I GOT SUSPICIOUS. AND I WANT TO KNOW WHAT WAS THAT WHICH MM KEPT READING FOR 3 MINUTES because otherwise in just 10-15 seconds we talk.

THEN MM GAVE ME WRITTEN REPLY BY OPP. PARTY IN WHICH POLICE WROTE THAT I KEPT TALKING RUDELY TO ALL I.O.'s & Mediator.

SEE, I gave WS in which I blamed Many Officers for Criminal Conspiracy against me.

On next day, they filed reply in MM thru PP that all these oficers complaint against me.

MY QUESTIONS :-

(1) How can I put a mark on Vigilance that it has forwarded my WS to police etc who have filed reply in MM after that as date is put on that of next day ??

(2) How soon I need to file 156(3) & 200 against police & mediators & pio faa & my wife's relatives for criminal conspiracy ?

(3) If any mediator, IO , Police or my wife's relatives file any court case before I FILE 156(3) & 200 THEN will they get any precedence benefit or I will get benefit in any case whether I file 156(3) & 200 sooner only then it will benefit ?

(4) NOTE:- Earlier 3 months back when Police filed a REPLY then they mentioned that 4th IO is the second IO who called parties many times but when two days back I gave Vigilance WS & wrote in it that 4th IO is saying WHITE LIE then one day back she changed statement thru INSP CAW reply that she handled me first time ?

(5) Further in their first reply their was no mention of other officers getting against me. But after my WS to vigilance, in one day all officers including mediator is against me. How to prove this connivance of police & vigilance ?

 

Please suggest me.

 

Thanks & Regards
,

 

Atur Chatur

Facebook: https://www.facebook.com/atur.chatur

498a Victim cum RTI Activist

Twitter: twitter.com/aturchatur

 

Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email: - aturchatur@yahoo.com

Mr. 498aindian,

 

I extreemly sorry for late reply.

 

If your case is above 1500 of daily cause list of High Court then you (or  the person/relative/lawyer who has appeared for you) have to mention it before the judge during the first hours of the court. Then the judge will give a fixed date for hearing of your case.

Very Good Article on IPC 498 A.... thanks for the this good post... 

Civil Writ Sample Petition(Updated)

 

Please see the attached 3 files.

Book of Criminal Procedure Code.

 

 

Please download CrPC Book from the attached file.

 

Sample Petition of WS / WO.

 

a) Please affix Rs 10/- as court fee on the head of the petition.

b) Please affix Rs 1/- on the head of the AFFIDAVIT of the petition.

c) Please make notarization of your petition and take two xerox copy of it before give it to the judge.

d) One xerox is for your brief and other should be served as a copy to the opponent lawyer in front of the judge and request that judge to record that the copy has been served to the opponent.

 

Good Luck!

 

Hello Friends,

Mr. Amit have written a very good article on the link bellow. Please see.

 

We can convert the same petition to Civil Writ (Article 226) and appear in High Court. The Sample format is given as an attachment

 

https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp#.U8E6vUCm9dg

FYI,

Daer Mr. Bani:

 

Can u pls forward 203 application for dismissal of plaint under PWDVA (DV Act in short).

 

Thanks

Please suggest:-

Here are the brief facts:
1 - Girl was 26 and Boy was 21, arya samaj marriage was 2008, Sep after a courtship of only 1month
2 - Girl was earning high than boy and there came differences between them
3 - There used to be verbal & physical fights between them most often
4 - Neither girl's parent nor boy's parent knew about this (more of a live-in thing)
5 - Boy moved out in in 2011 to stay in a PG and continued doing job. Girl remained in the same rented apartment, changed the rent agreement onto her name and continued doing job. No dowry demand nothing whosoever. It was more like staying in a rented apartment and sharing expenses. 
6 - They agreed to stay as friend and used to meet weekends. 
7 - Girl got pregnant and aborted due to her family not knowing about this in July, 2011 despite boy insisting to still get married socially after informing in both the families. Girl kept denying saying that her elder sister was not married
8 - Boy set up his small start up in 2011 and focused on career..girl focused on job
9 - Meeting weekends and phone calls also resulted to verbal disputes and heated up arguments
10 - None agreed to marry or inform parents
12 - Girl left job in 2012 and was forced to resign due to her behaviour in company
13 - Girl did not join any company and got offered part time jobs time to time from boy - there was no discussion or nothing from either end to marry. Girl insisted not to marry and stay like as they are . 
14 - Boy chose a partner to marry in 2013
15 - Girl became violent and filed all the cases against him, his family who never stayed with them and all - 498a, DV, section - 9 , 509 etc with all false allegations after informing her family after 5 years about all of these . All are filed by Husband
16 - Boy's got bail from High Court after trial court rejected it
17 - Girl now not doing job and not doing deliberately. 
18 - HC ordred interim payment to girl on giving bail to boy
19 - Boy had filed for Divorce with all materials on records - emails, photos of beatings to him from girl 
Need further directions? What is it going to be the fate for the boy?

Please help 1 - Girl was 26 and Boy was 21, arya samaj marriage was 2008, Sep after a courtship of only 1month 2 - Girl was earning high than boy and there came differences between them 3 - There used to be verbal & physical fights between them most often 4 - Neither girl's parent nor boy's parent knew about this (more of a live-in thing) 5 - Boy moved out in in 2011 to stay in a PG and continued doing job. Girl remained in the same rented apartment, changed the rent agreement onto her name and continued doing job. No dowry demand nothing whosoever. It was more like staying in a rented apartment and sharing expenses. 6 - They agreed to stay as friend and used to meet weekends. 7 - Girl got pregnant and aborted due to her family not knowing about this in July, 2011 despite boy insisting to still get married socially after informing in both the families. Girl kept denying saying that her elder sister was not married 8 - Boy set up his small start up in 2011 and focused on career..girl focused on job 9 - Meeting weekends and phone calls also resulted to verbal disputes and heated up arguments 10 - None agreed to marry or inform parents 12 - Girl left job in 2012 and was forced to resign due to her behaviour in company 13 - Girl did not join any company and got offered part time jobs time to time from boy - there was no discussion or nothing from either end to marry. Girl insisted not to marry and stay like as they are . 14 - Boy chose a partner to marry in 2013 15 - Girl became violent and filed all the cases against him, his family who never stayed with them and all - 498a, DV, section - 9 , 509 etc with all false allegations after informing her family after 5 years about all of these . All are filed by Husband 16 - Boy's got bail from High Court after trial court rejected it 17 - Girl now not doing job and not doing deliberately. 18 - HC ordred interim payment to girl on giving bail to boy 19 - Boy had filed for Divorce with all materials on records - emails, photos of beatings to him from girl Need further directions? What is it going to be the fate for the boy?