Arrive with guns blazing-Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Subject: Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Hi All,

Option 1- Before chargesheet; You can give evidence to Police and ask for a report of dismissal(Type A report - no evidence to make a case of 498a, or Type B report- stating that the Allegations are false!, both of which happens only in rarest of rare cases(zero probability almost) , because police are shit scared of women org, women and generally won't burn their hands in these matters).

Next option 2->Before chargesheet is given by police to the court-Quash it at the same court(don't know the section of Cr.PC for this), or High court/Sessions(Cr.PC 482), showing major fractures in allegations which do not need trials, and are self-evident.

Next Option 3->Apply for dismissal after chargesheet is submitted to the court(Cr.PC 239(see the bottom of this post for explanation), Guptaji will elucidate about this beautifully :). The only motivation for waiting till chargesheet to get submitted in the court, is that after this the police cannot make the charges more deadlier against you(fudging it with more unfavourable charges), and since usually police can be bought by the other party and could be made to add more charges and unfavourable stuff in the chargesheet, if they decide to counter your attempts of Options1 & 2.

Counter cases can be filed at any time(though waiting till chargesheet is submitted to the court is advantageous in some ways). Though Advocates rarely recommend it or agree that this is even a possibility before a "verdict" on the 498a case is declared in full(possibly by Supreme court, if the other party decides to appeal until the Top court!). See this post for IPC sections which could be used in your counter cases, considering the facts of your specific case.

This is 'could' be just because 1) they do not want 'their' cases to end that "easily" and hence lose the opportunity to feed on your insecurities(with all respect to the good advocates here, if u feel that my observations are not constructive or right, please do correct me for the general good). 2) Another reason why advocates do not take initiatives for counter cases is because some of them are truly 'incapable' and ignorant about these matters in their rat race of "setting" and "greasing" kind of lowly ways of "practice" and their intellectually-bankrupt-to-the-core schools of thought!. 3) Another reason why lawyers do not seem to do any thing which can give you sure and swift results is that everyone is hand in glove with every other advocate, so they won't demolish the case of their loving counterparts who could be lawyer pals of the same court(you scratch my back, I scratch urs!- fraternity and emotional bonding issues!!!).

I am making it clear that I am not talking about good advocates of caliber and integrity, who if appointed will do wonders for your case- but I am yet to meet such an advocate in my sojourn of 4+ years in these torrid rapids.

Warm Regards,

Gokul - http://gokul.go.to, 9821414336(Mumbai)

PS: Cr.PC 239: When accused shall be discharged.- If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

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need guidance Posted by: "yangaldaspk" Thu May 10, 2007 11:39 am (PST)
hi
i am 498a-ed. i got AB for my parents and sister and self. have proof that case is false. should i file 182 ipc or wait till chargesheet is failed.it is clear case of misuse of laws, and waste of time for police and courts.how can i proceed from here. can i file counter cases.