Can S. 420 /465 / 467 / 468 / 471 IPC be filled after withdrawal of a Civil and or CrPC Suits

Dear Dr.Arunji,

                          Firstly, person proceeded under section 125 are not an accused person and they are examined on oath as a witness as in a civil case, but whatevr may be the nature of the proceeding it is governed by Criminal procedure Code though the proceedings may be civil in nature. More over section 125 CrPc override personal law if it conflicts with it.

                         Secondly, proceedings under 125 CrPc though governed by CrPc it is civil in nature and the person proceeded under 125 CrPc are not an accused, as such after withdrawal of the case under 125 CrPc, if there are grounds as mentioned in 420 IPC read with the provisions of Forgery underIPC, yes, proceedings will lie as a criminal case.

Dear Sh. Assumi ji,

Thank you for your clarifications. If S. 125 CrPC overrides personal Law then "riding simultaneously two horses for the same relief" as in filling S. 24 HMA as well as S. 125 CrPC should not be equivocally NOT AT ALL ALLOWED ! Right ? BUT, in general scenario in average current 90% cases of matrimonial dissharmony both proceedings goes simultaneously. Will you highly regarded Ld. person subscribe to it?

If NO, then why a MM waits for Civil Suit (S. 24 HMA) award to be out then I will prounce my quasi civil quasi criminal (S. 125 CrPC) award tenendcy seen in almost majority of Maint. (Civil / Criminal) cases now a days?

I know I have mixed up in this reply couple of burning questions but will you highly regarded member here subscribe also to below pre-assumption of general observation since I am also facing multiple matrimonial nature litigations since 2004 !



A.SOURCES IN LAW.

1.Laws do not lie in the pages of books.

2.Laws lie in the minds of men.

3.Pages of books are just alibi.



B.LAWS IN PRACTICE.

1.Facts and laws remaining the same interpretation can be anything as their lordships please.

2. Ignore the facts and laws and pevail the opinion and that is the law in the case in hand.

Regards 

 D. Arun Kumar, New Delhi, 981162 4141     

Dear Dr.Arunji,

                              Firstly your Sources of Law really surprised me, and secondly your "law and Practice" is really wanderful  that I had to saved it inmy diary.

Yes, with the insertion of section125 CrPc, there can be two proceedings one under personal law and one under 125 CrPc, but is it the fault of Law? or is it a great matter of interpretation? My answer wil be simply a big NO: The problem is the Counsel who have moved such double proceedings and not the law.

                             There are some provisions in the code using the word OR, but it does not mean that both the forum should be avail simultaneously, and if such proceedings are alowed there will be judicial chaos with stratling result. In my view, the Court has to see which forum was avail first, and the second forum should give way to first forum, so that there will not be parallel proceedings in the same subject matter.

                               Lastly are you really a medical practitioner or a Law graduate or a doctorate in Law? In fine, I am also hearing for the first time  " Medical Value Tours Consultant" I would really appreciate what kind of profession it is. You may send it in my personal mail.

Dear Sh. Assumi ji,

Thank you for taking note of the ground reality (hard talk) and please correlate what I said with 'why a female teacher from Bombay will through slippers that also on a Apex Court Judge it is indeed Law in Practice which common man is suffering with however we can have number of pvt. discussion on this in the days to come and a pvt mail you will get for your other que. on 28th. Mar. as on 24th. Mar. I hv S. 125 CrPC and on 27th. Mar. I hv S. 25 GWA PW Cross all in person appearance.

I will also send you my thoughts on why S. 125 CrPC is ultra virus for HINDUS which I think should surprise you too if you are practicing Maintenance cases for HINDUS who have gender neutral well codified HMA to claim all their maint. claims herewith (I could not find the Legislature intent to allow Hindus to use S. 125 CrPC )!

Meanwhile could you be kind enough to demistyfy my other post "Divorce in Dismissal is the Order Final?" posted under Family Law forum post which is humbly requested. Kindest Rgds.D. Arun Kumar, New Delhi, 981162 4141 

PS.: Address me with simple "Arun" which is really what I am in current judicial turmoil being false victim of gender biased centric laws of the land. 

Yes, please do that Dr.Arun. I will be very happy to share and learn from you.

mr. assumi's opinion is clear and justified.

may i indicate here that apart from legal provisions, behavioral and cognitive scince is equaly involved in such type of litigations and queries.

Sh. Dr. Tripathi ji,

In another post I posted about my own case subject as "Dismissal in Default is it final?" and invited Ld. lumineries here to interpret "right and just" Division views on my questions.....you may refer to that post under Family Law Forum.

However the same Judge (ADJ) who passed the two orders in that post reference of mine was sent twice for "behavioral and cognetive science training course" as part of 5 voluntery ADJ delegation from Tis Haazri Court as regular Judges training program which each of the District Court sof atleast Delhi follows:-)

So please advise "what does Indian Law stands for, FOR COMMON MAN"? say like me who atleast tries to understand little bit compared to you all highly legal professionals vis-a-vis commonost man who simply signs what legal prof. asks him to sign in Court of Law ?

Regards,

D. Arun Kumar, New Delhi

would i like to know about sec 420 attract and latest case laws

i want to ask that against me 125 crpc and 498 and 406 is going on and 498 & 406 filled after 11 month she leave my home . and 125 after 1 month.  i want to ask that she has cheated me in marrage and hidden eplipsy in marrage. so i want to ask that when i have to file 420 ? for cheating. will i file after 125,498,406 complation or right now i can file or not ?  if yes right now then is there any effect on all running cases ?  and in 498 court has asked police to inquire me unde 202(1)

Sir,

My brother wants to make domicile certificate for his Engineering admission, for that he consult on lawyer, he ask all fifteen years proof and ask dad work experience certificate of 15 years, my dad is working  as security supervisor in some different company on contract basis. I had make work experience certificate from my company   in my dad name.  when he go to verification, judge had ask him company name and he is not replay the name of the company mentioned in the work experience certificate, than judge give him in police custody when police ask him who make the certificate he take my name. Than police call me and take my statement and what is fact I accepted.

He put the case on us of court cheating and Section on me & my dad 420, 465,467,468,471 and 34.

Can u please help who I came out from this and what is the result in this case can I get any punishment if yes than who much, or any fine.

Can u suggest me who I discharges the case.

Please contact on my mail id krishrane@gmail.com

if u have any time than i come and meet u personally.

thanks

@ Krishrane

First I donot like people who lie in Court. second kick the Lawyer under whose guidence such lie is committed. Now to bail your father out I suggest to OPT FOR PLEA BARGAINING and some Q n A similar to below illustration in Plea Bargaining will be put to your father and preapre him well this time otherwise you folks are on your own so to speak :-

Plea Bargaining

 SET OF QUESTION PUT TO ACCUSED, WHEN EXAMINED IN CAMERA (SEC. 265B(4) 

Q1. What is your name?

A. My name is Arun Kumar

Q2. What are your educational qualifications?

A. Street Lamp studied / passed.............Q3. To which place do you belong?

A. SW District, New Delhi .

Q4. Whether any other criminal case is pending against you?

A. No.

Q5. Are you a previous convict?

A. No.

Q6. Do you know the contents of Application as well as affidavit?

A. Yes, I know the contents of affidavit.

Q7. Who has advised you to file application for Plea Bargaining?

A. Myself.

Q8. Have you filed the application on you own? Whether any member of your family, advocates or friends have compelled you to file the application?

A. I have filed the application on my own. No body has compelled me to file that application.

Q9. Do you know that by filing this application you may loose right to a regular trial?

A. Yes.

Q10. Do you know that you are not bound to file the application for Plea Bargaining?

A. Yes.

Q11. Do you know if your application is allowed, you will be convicted and fine may also be imposed upon you?

A. Yes.

Q.12 Do you know that if you proceed with the trial you may be acquitted?

A. Yes.

Q13. Do you know the nature of offences alleged against you?

A. Yes.

Q14. Do you know if you are convicted in Plea Bargaining, you may be sentenced to rigorous imprisonment?

A. Yes.

Q15. Do you understand that you may be liable to pay the compensation including under other expenses to the victim?

A. Yes.

Q16. Do you know if the alleged offence is punishable with minimum punishment then you maybe awarded half of the punishment?

A. Yes.

Q17. Do you know if no minimum of punishment is prescribed then you may be sentenced to nth. months of the punishment?

A. Yes.

Q18. Do you say that you have pleased guilty voluntarily on your application for plea bargaining and without any coercion or duress from any one and after understanding the consequences of you application?

A. Yes I pleaded guilty voluntarily on my application for plea bargaining without any coercion or duress from any one and I had moved the application after understanding the consequence of the same.

All the best this time "patience, ignorance and stupidity is height of a common Indian man"...Amen


Second and lastly, I live in Delhi, instead of meeting me comign from xyz location in India help 10 other common man that is equivalent to meeting me.

Rgds.

Sir

I come out on bail, now what I can do & how I will come out from this case.

 What is the maximum punishment in this case by Lower Court (Metropolitan Court).

Please help me.

Thanks

Krishrane

Was it under Blea Bargaining and or ?

Mr.D.Arun Kumar.First of all I must remind you that people in this column have been asking for the guidance and not for your judgement and by the way how can you be the judge and  why one should go personnel against an simple man who is seeking remedy for his mistake?Persons like me approach this column because thay have been cheated by the same group of learneds called Lawyers, Advocates or Legal advisors.There is one who appreciated your calibre is also an advocate and he did not find it offensive when you wished to kick another lawyer.Are you preaching violence?You are free to offer or reject your advise. If you consider yourself so honest then  may I ask you as to whether Are you a doctor by profession?Because someone addressed you as Doctor and I do not think,D in your initial stands for Doctor.If you are not a Doctor by profession then why you did not correct that gentleman who addressed you such?Are you not lying in that sense?Secondly if you do not lie in the court then surely you would be hanged for offence u/s 302 and would never be allowed to appeal against conviction.I was court-martialled for petty crime in the Naval terminology and pleaded guilty and was easily sentenced to 4 years RI without effort and never was able to file an appeal.Let the court decide that matter of guilty or innocent and every accused has the legal right to defend himself even if he is caught red handed and that is defined as principle of natural justice and to lie for self defence is not a sin.Please dont preach what you dont follow.Please refrain from generalising everything Indian by quoting,"patience,ignorance and stupidity is height of a common Indian man"You are not only insulting my nation but abhoring whole humanbeings.