Judgement reserved by sc judge

The matter has not come for listing even, as the arguments are not done.

Check, there must be something missing.

Following is the webpage for case status

Regards,

Ravi

SUPREME COURT OF INDIA

Dear Sir,

By God's Grace my SLP has been allowed. S/he did not appear in SC even one year after being served the notice. They were scared of the consequences if they go ahead with their criminal acrtivities against us. Also they were thinking if they don't appear my SLP will be definitely rejected. 

Now we are contesting our case for quashing 498a against my elder brother and his wife.  We had filed the case in Patna High court in March 2010. They never responded to the notice before.

Actually the problem is the opposite party knows that my brother cannot come all the way from US to here. And therefore they can easily get the kurki notice for our home (which actually in our parents ownership) and torture my old parents to their will.

High court had served them the notice that the petitioners had nothing to do with the day to day life of the couple since they(elder brother and family) were in US. My brother had sent his attendance record of the company he is working. He left our house just a day after the marriage took place.

In 498a petition they have mentioned that two instances (which ofcourse are false) against my elder brother and his wife.

1. After marriage when she was in kitchen preparing coffee. My brother told that "my brother is well educated and has good job so he should have got good amount of dowry". And on hearing this s/he got frightened.

2. He had called me by phone once and asked me to ask for dowry.

Fact is that in our society we never allow newly wed bride in the kitchen. There is a ceremony after three days after which she is allowed to enter the kitchen.

For the second charge they have not mentioned any date time phone number with which my brother made any call to me. And the fact is that he never called me up any time till s/he was with for three months. In fact he called after we had filed case in the court to know what happened. 

Please let me know how we should go ahead with this case. 

Regards,

Ravi

Also I forgot to mention. When they first went to file FIR against us to the police. Upon investigation police found the allegations to be completely false. Then they went to DSP and SP. All of them found the case to be completely false. Later they filed the case in SDJM court mentioning that DSP and police are not filing the case due to our influence. 

Fact is that they actually have goonda record and also contested elections. It is because of Nitish rule they could not torture us.

Regards,

Gautam

mr. ravi

                        i want to know some more things about your case , first is that did your brother have been granted anticiaptory bail or not, if no, than u should get anticipatory bail first for your brother which is quite easy in patna , since the courts are quite convienet in allowing the anticpatory bail to the parents and family members. . so please first let me inform this and secondly  there is many ways by which you can hamper their plans in the court so u should also tell me that at what stage your case is....

ratnesh kumar

advocate patna civil court.

09334185956,09835450455

With ABP the problem is we don't know many people in Gaya. My father has been in government job in UCIL jadugoda (near Tatanagar). We came to Gaya after my father retired. It has been difficult to find people for bail bond particularly due to the influence of the opposite party. Also my elder brother's wife is extremely reluctant to come here in this situation due to children. 

Case number is Cr.Misc.-11548/2010.

Below is the order passed after which now date will be scheduled after Durga Puja Holidays. 

*************************************************************************************************

IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr.Misc. No.11548 of 2010

SHASHI KUMAR GAUTAM @ SHASHI GAUTAM & ANR

Versus

THE STATE OF BIHAR & ANR

-----------

3.

08.12.2010

It has been submitted that the petitioners are the elder brother-in-law and his wife and had no concern with day-to-day affairs of Opposite Party No. 2 since they used to live in U.S.A.

Issue notice to the opposite party no. 2 to show cause as to why this application be not admitted/disposed of at the stage of admission itself for which requisites etc. under registered cover with A/D. as well as ordinary process must be filed within ten days, failing which this application her shall stand rejected without further reference to a Bench.

Rule is made returnable within three months.

In the meanwhile, the further proceeding in Complaint Case no. 665 of 2009/Tr. No. 178 of 2009 pending in the court of Sub Divisional Judicial Magistrate, Gaya, shall remain stayed.

S.Ali

( Anjana Prakash, J.)

****************************************************************************************************

Regards,

Ravi

Actually they are creating problem to us with the help of their accomplices. They have been verbally harassing my mother and father. We have made a police complaint recently.

I am not able to present in Gaya. They may create more severe problems.

Regards,

Ravi

according to your situation hon,ble high court patna had stayed the proceeding that means it is gd for u but i think it was too ago there must have been some order passed in that a.b.p.n high court. so you should get aware of that. secondly you should file a revison in dist court gaya againt the case pending in gaya so that the cognigane taken by the lower court should be challenged by this way you can aldo disturb and delay t he case. and please let me inform that whatis the stage of your  case in high court right now

ratnesh kumar

9334185956,09835450455

advocate.

Dear Sir,

I could not understand "a.b.p.n".

The situation in high court is that earlier they were delaying and waiting for Supreme Court order. They were thinking that if they do not appear in SC, then will not be able to allow our SLP. Now they are appearing high court so that they can threaten us.

Following is the latest order from Honourable Patna High Court.

********************************************************************************************

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11548 of 2010

======================================================

Shashi Kumar Gautam @ Shashi Gautam & Anr

.... .... Petitioner/s

Versus

The State Of Bihar & Anr

.... .... Opposite Party/s

======================================================

CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

ORAL ORDER

7 11-10-2012 As prayed for on behalf of the petitioners, post this matter under the same heading after Durga Puja Holidays.

P.S./- (Rajendra Kumar Mishra, J)

*********************************************************************************************************

Regards,

Ravi

see mr. ravi i am not been able to understand your situation since you are mixing many things and many matters . so please tell me on phone or right down whole things on sequence so that i can help u..

ratnesh

advocate

09334185956

Dear Ratnesh,

The sequence of events has been as follows:

1. March 2008: Marriage took place in Gaya. Both family residence is in Gaya. We (only couple) went to Bangalore after three days after marriage. 

2. June 2008: S/he came back from Bangalore to her maternal home in the pretext of studies. I had to bring to her home by flight etc. I returned back to Bangalore after four days

3. After lots of problem we came to know to s/he have physical problem.

4. August 2009: We put the matter before community. They kept on insulting my parents even written documents.

5.January 2009: We could file Divorce case in family court in Gaya

6. March 2009: On the day of marriage anniversary they went to police to file 498a case against us. Police refused to file FIR.

7.  April 2009: They filed 498a case in SDJM court.

8. December 2009: We filed for ABP in sessions court. It got rejected in January 2010.

9. March 2010: We filed ABP for me in Hon'ble Patna High Court

10.March 2010: We filed quash petition for my elder brother and his wife in Patna high court.

11. December 2010: Judge sent notice to opposite party with respect to my elder brother's Quash petition.

12. April 2011: My ABP got rejected from Hon'ble High court.

13. June 2011: We filed for ABP in supreme court.

14.September 2012: Supreme court allowed my SLP.

15. October 11, 2012: Next date for quash petition in high court is 30 October 2012.

Regards,

Ravi

1. After marriage when she was in kitchen preparing coffee. My brother told that "my brother is well educated and has good job so he should have got good amount of dowry". And on hearing this s/he got frightened.

2. He had called me by phone once and asked me to ask for dowry.

As far as I understand both allegation do not fall in the definition of IPC 498a....

Please check ---

2003 DGLS(Cri.) Soft 1732

DELHI HIGH COURT

Equivalent Citations  : 2003 Cri.L.J. 2759

Before :- Kapoor J.D. : J J

Savitri Devi

Versus

Ramesh Chand & ors.

Case No. : Cri. Revision No. 462/2002

Date of Decision : 5/19/2003

regards,

VG