How to handle rcr filed by 498a fraud lady.

Dear Client,

You have to fight the cases with a force to win over, only because of the misuse of Sec 498A and DV act provisions in past the Supreme Court recently has given directives to all lower courts and respective State Police force that there should not a any more arrests under these sections unless at lease a Dy Commissioner of Police rank Officer in Metro cities and Dy SP rank Officer in other areas issues the challan od arrest by his signatures and mentioning the cause of the arrest.

I know one Mr Anil Kumar of Bangalore who is a very good emerging Advocate of this field and I believe that if be supported for his travel expenses he can assist you well for the your all cases properly as it is always good to have a local Advocate where you reside. Now a days commutation is so speedy that one person is not limited to his own territory but becoming global and so that's why quality services are available to even small towns.

Always there may be late but always truth prevails so fight for the Truth. Evil will be punished automatically.

She can file any case in her jurisdiction, if you rebut her claim you have to challenge her case.  For lawyer at Warangal/Hanumakonda, as I suggested you in PM, you may confirm to my PM, I shall suggest the lawyer's name after taking his permission, should you send a PM to me.

A. The allegations made in the report even if they are taken at the face value and consider that in their entirety. Do not make out the prima face case against the petitioners.

            498a is a pro-complainant law for making out a prima-facie case 100% evidence can never be generated by the complainant.  It is the nature and content of allegation which matter.  Try luck in High Court.

B. The allegation against petitioners are omnibus in nature and on this very ground alone the prosecutions of the petitioners are liable to be quashed

Still these are allegations. Try luck in High Court.

C. In as much as it is the specific case of the second respondent that the entire incident referred to them took place at Bangalore, the women police station Warangal rural is divested of territorial jurisdiction to entertain and registered the crime in questions.

            498a case can be filed by lady at her native place, if the nature of allegations indicate that part of alleged torture is extended to that place.  Normally if a lady alleges that she is forced to abandon the matrimonial house and forced to stay at parents’ place and no efforts are made to bring her back the jurisdiction is there.  You can try luck in High Court.

D. All the witnesses sighted in the report are interested and relatives to the 2nd respondent.

            In 498a case the witnesses are generally the relatives.  In criminal case it is not the choice of the accused to find independent witnesses ( as uniquely in anti-corruption cases).  One doe snot disqualify to be a witness if he i related to accused or complainant.

E. There has been inordinate and unexplained delay in initiating the prosecutions.

            Cannot be commented as you are silent upon the timing except time of arrest.

Is it mandatory that I should appear in the family court for RCR?

If you  do not want to lse the case exparte then you have to appear in person or through lawyer on each date.

2. I have no plans of compromising with that fraud 498a so wanted to know what precautions & steps I should take to handle the RCR.

Do you have ahy proof to show that the reasons for dersertion were justified

3. Can someone from Warangal Hanmakonda suggest me a good lawyer to fight this ,please reply I don't know anyone from there & I need to travel 1000 KM every time I need to attend the court hearing.

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4.I would also like to know if a lawyer can handle all my cased example, FIR,RCR, & I ‘m sure this fraud 498a lady will definitely file a DV case also.  

On one side you cannot travel to Warangal off and on and on other hand you want to handle litigation there without advocate.

Non can advise you suitably unless one knows your competence level.