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nalni (service)     11 May 2011

false 498a gang to be exposed !!

Dear learned friends,

case story in brief - after few months of marriage; the girl's side belonging to neighbouring state had demanded lakhs of rupees to the boy's side on a phone call with threats of implication in criminal cases, if money demand not met. the call got recorded.........

boy's side lodged a NC at their area police station regarding the extortion done by the girl's side.

boy's side also went to their state's court for anticipatory bail; but court declined it stating since no complaint is actually lodged and only there is fear of implication, we cannot give any anticipatory bail.

boy filed case of divorce in his state's family court.

days passed by, police of boy's state did not take any action on the girl's side doing extortion.

one fine day; call received from girl's state police station to the boy's side stating that the girl has filed 498a against the boy and his aged parentsand that they have to come for bail formalities.

boy and his parents went to the neighbouring state's police station belonging to the girl's jurisdic. and they were presented in the CJM court...

the CJM has overlooked that the boy has filed for divorce and granted bail with a condition that boy and his parents cannot leave the girl's state till the chargesheet is filed. the boy and his aged parents had to stay in that alien state for 5 days begging permission to get back to their state for no fault of theirs or only fault of not succumbing to the girl's side extortion.

whent the boy's side has returned back, they filed a private complaint of extortion including other charges at their state's criminal court on the basis of the extortion done by the girl's side to them.

the magistrate was very much convinced for piece of extortion in the recorded call and issued a process of extortion and other charges against the girl and her family members who are witneses in the false 498a complaint lodged by the girl.

thus it is crystal clear that since the boy's side did not succumb to the extortion by the girl side instead have approached police station and family court of their state; the girl & her family members have punished the innocent boy and his aged parents by implicating them in a false 498a case. It was duty of the IO to check for the genuine-ness of the 498a complaint and based on the NC lodged by the boy's side to their local police station for the extortion call made by the girls' side; the IO of 498a shud had dismissed the false 498a complaint lodged by the girl; instead erring in his duties he has actually filed 498a complaint against them and the matter went to the CJM court; the CJM cud had also dismissed the case, but he instead has harassed the boy's side by making them stay in the girl's state by passing such order.

our query is-
now that a process of extortion is issued against the girl and her family members; it is clear that the police and court officials of the girl's state were instrumental in abusing the law by punishing the innocent boy and his family for not succumbing to the extortion and have thus abetted with the girl and her family in the crime. In view of this -
1. can the boy's side initiate a suitable criminal course of actions against the IO, the CJM, the PP etc. and all those of police and court involved in the girl's false 498a complaint..?? if NO state reasons...if YES, please state under what suitable CrPC/ IPC can the action be taken for the police and court authorities failing and erring in their duties by abetting the girl in the crime of extortion and other charges.

2. can the suitable action against the IO, the CJM, the Public prosecutor be issued by the boy's side in their state's criminal court..?? wat will be the jurisdiction..??

3. any other guidance by legal experts who respect the HONOUR of LAW and CONSTITUTION and feel that the same shud not be abused, may please forward their opinions....

please remember friends this is the question of HONOUR of our constitution....if we fail to protect the honour of our constitution and law, then will there be any difference between we humans and the talibans or roadside animals, who do not have any law or constitution...???

awaiting...

nalni
 



Learning

 7 Replies


(Guest)

REGARDING 498A COMPLAINT AND REMEDY FOR THE SAME.KINDLY NOTE THAT.

1.THE WIFE FILED COMPLAINT AGAINST HUSBAND AND HIS PARENT UNDER SEC.498A AND OTHER PROVISIONS OF I.P.C.IN STATE OF RESIDENCE OF WIFE.

2.HUSBAND HAS FILED COMPLAINT FOR THREATS FOR EXTORTION OF MONEY BY WIFE AND HER RELATIVES.CONVERSATION RECORDED AND PRODUCED IN COURT AND PROCESS ISSUED BY CRIMINAL COURTS OF THE STATE WHERE HUSBAND IS RESIDING

3.IT IS ADVISIBLE FOR HUSBAND AND HIS RELATIVES TO FILE WRIT PETITION TO THE HIGH COURT OF THAT STATE ( WHERE THE COMPLAINT UNDER SEC.498A IS FILED ,)FOR QUASHING THE FALSE COMPLAINT UNDER SEC.482 OF CRIMNAL PROCEDURE CODE. THEY WILL SUCCEED.

KINDLY SEND COPY OF ORDERS PASSED FOR ANY FURTHER HELP.GOOD LUCK.

1 Like

nalni (service)     12 May 2011

dear Shri nandkumar-ji, & other learned readers......

as rightly understood by all of us in the above case, the boy and his family were extorted by the girl's family and the IO of the 498a case has been instrumental in implicating these innocent people in the 498a case by misusing his authority of being a police investigating officer, the CJM has harassed the innocent boy's side by passing order of not leaving the girl's state while granting bail, wherein the boy's side had to stay in that alien state at their own risk, since they had not succumbed to extortion, the girl's side cud had tried even other means to make money out of them or cud had tried to even physically harass them for not giving money; and now the Public prosecutor is by virtue of his authority trying to prosecute these innocent people in a false 498a case.....

in view of this -

1. can any criminal action be taken against the Investigating Officer of the 498a case, the CJM who entertained such a 498a case which was in fact a case of extortion and the public prosecutor who is trying to prosecute the innocent boy's side who are in fact victims of extortion .....?

2. can such action be taken by the boy's side in his state by vritue of a writ petition, as writs work beyond territiorial jurisdictions......??

sir, it is very easy for anybody to get out of the 498a case, thru discharge applications u/s 239 or thru quash under sec 482 as suggested by you because most of the 498a cases are blatant false;

but the real challenge lies in bringing to task the people like the IO, the CJM judge, the PP - who belong to the law and order fraternity and yet misuse their authorities so that the law and order itself is challenged and it turns out to be jungle law and total disorder and chaos........

it is crystal clear in above case that the girl's side will go to jail, but the IO of the case, the CJM judge, the PP all will go scott free, who have also played roles in line with the girl's side in harassing and punishing the boy's side for not getting extorted...is there any LAW which can bring these people to task...?? if there is no law then can u suggest any suitable way so that these people are also taught a lesson that - just by being a IO or CJM judge or PP they cannot play with the law........
 


(Guest)

KINDLY NOTE THAT

1.ON THE BASIS OF COMPLAINT FILED BY COMPLAINENT THE I.O.INVESTIGATED THE MATTER AND SUBMITED THE F.I.R.TO CONCERNED COURT AND A.P.P.REPRESENTED THE STATE. THESE ARE THE STEPS TAKEN BY CONCERNED AUTHORITIES AS PER PROVISIONS OF LAW AND CRIMINAL PROCEDURE CODE AND I.P.C.

2.KINDLY NOTE THAT MERE ALLEGATIONS  AGAINST ANY ONE SHOULD BE PROVED WITH SUPPORTING DOCUMENTS AND EVIDENCE IN CRIMINAL COURT. IN THE GIVEN MATTER THE COMPLAINENT FILED COMPLAINT AND HENCE THE OTHER AUTHORITIES ACTED AS PER LAW PROVISIONS.

3.HEAR THE ACCUSED IF ACQUITED THEN CAN FILE A CASE AGAINST THE OMPLAINENT FOR DEFAMATION  AND ON OTHER GROUNDS IN CRIMINAL AND CIVIL COURTS. HE WILL SUCCEED.GOOD LUCK.

KINDLY SEND FURTHER DETAILS FOR HELP.REGARDS.

Arup (UNEMPLOYED)     15 May 2011

NOW GIRLS SIDE ASKING DOWRY.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 May 2011

I am not a lawyer. But my commonsense tells this.

In order to take action against any law enforcing authority for alleged misuse of power, mala fide on the part of such authority has to be proven. It is particularly so against the judiciary. Very often a lower court's order gets overturned by a higher court. That does not mean that the lower court judge can be punished. The maximum, what the higher court will do is to severely criticize the lower court judge. Many orders of a particular lower court's judge getting quashed will affect the career of the lower court judge.

nalni (service)     17 May 2011

nandkumarji u say "

KINDLY NOTE THAT

1.ON THE BASIS OF COMPLAINT FILED BY COMPLAINENT THE I.O.INVESTIGATED THE MATTER AND SUBMITED THE F.I.R.TO CONCERNED COURT ",....now here's the catch...what the heck investigation the IO has done when the the 498a complaint itself was a tool to extort the innocent boy's side......

 

thus it is clear that IO has not done any investigation and only misused his authority and powers and has in turn punished the boy's side by making them undergo all the trauma of getting implicated in 498a case, further bail harassment just because they did not succumb to extortion of 10 lakhs by the boy's side......

can u please guide now...if u have hopefully understood the real question now....

nalni (service)     17 May 2011

dear friends,

it is crystal clear that the girl's side has put the 498a case on the innocent boy's side just because they did not succumb to the girl's side extortion of 10 lakhs rupees........

it was duty of the IO to verify the genuineness of the 498a complaint which he cud had done on the basis of the boy's side complaints pertaining to the extortion to the boy's side local area police station and tus shud had dismissed the complaint ......however as rightly said by someone since there was a malafide in lodging of the 498a , even the IO has not paid any heed to the falsely  implicated boy's side for their being a victim of extortion by not even looking to their NCs lodged by them at their local area police stn.

is there any law to bring the IO to task......

 

i hope now my query is clkear to all

awaiitng


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