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Sunday, July 13, 2008

Counter cases during and after the case against one

And here comes the mother of all 'Cracks' for this bar of 195 Cr.PC , see below the links for the landmark judgement of Marwah Vs Marwah(Citation 2005 (4) SCC 370), I have used this in my counter cases(under sections 209, 211, 195, 197, 460, 463, and whatnot, even I lost count). Download this judgement here.

See a post explaining all this: http://bok498a.blogspot.com/2007/05/arrive-with-guns-blazing-counters-quash.html , actually sit and read the whole blog as I suggested initially :), it will serve u good, take my word on it. See my case details and the killer thoughts behind planning a counter-offensive(our military bretheren must be keen on knowing these counter-surveilance mode thoughts) at http://f1.grp.yahoofs.com/v1/wPl1SANrqCIhMSTl0U7w520JpBhhfMhdPUY1lvs3qyneu0J04Xsc7h2Aox4lpxErTKuroEt2HHsw2lfDZTUAAw/Counter%20Charge%20498a.pdf (also attached, this is an ealrier version so it has some factual errors, like the explanation of Cr.PC 340, is wrongly refering to that of IPC 340, will correct it soon and re-upload/blog for posterity)

For Dowry Prohibition section, 3(giving dowry being punishable) please see the following links


Nyayayodha's blog


Following is the link for section for tortured husbands(needs you to register in this site and be logged in) :-
Following is the link to Sample DP3 application :

******
Hi Gokul ji,

I was just reading CrPC-Section 195 and it says that

"No court shall take cognizance - Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court"

Thanks & Regards
Jaspreet Singh

On 7/10/08, Gokul P.R wrote:
I am mentioning below some IPC sections which can be generally used to file cases against the wife's side. The is RIPE NOW, GO FOR IT. When u r planning for counter offenses, read the posts in http://bok498a.blogspot.com/ which gives u pragmatic insights to dealing with court system, advocates and the Police, theory may not work, but insights coupled with consultations will.

S.191 :Giving false evidence+ S.340(1) of CrPC for Perjury @ Family/Magistrate Court
matter
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.306 : Abetment of Suicide
S.361 : For child - Kidnapping from lawful guardianship
S.378,380,381,382 :Theft
S.383 : Extortion
S.402 : Dacoity (Cognisable, Non-bailable and Non-compundable- just like 498a :)
S.406 : Criminal Breach of Trust
S.463 : Forgery
S.499: Defamation
S.506&507: Criminal Intimidation
Sections which u can check with ur advocate(I dont remember the IPC section offhand for these crimes) - Threatening, Abbetment of crime, these may be referring to a period before even your wife filed cases against you.

Some other sections of IPC helpful for husband side:
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are
more


Regards
Gokul

Buddy Aa wrote: Hello All,

i am working in Indian Army and my brother has been harassed by 498a .

After getting b-report/final report in the charge sheet can put
counter cases like miss use of 498a ...?

1. Is this right time (after B-Report) to put counter cases of miss
use of 498a? or its too late now ?

2. Defamation case ?

3.182 IPC ?

Please list all the counter cases for 498a and relevent cases .

Also I would like to know all these counter cases are civil/criminal ?
Please give me some more details how register all these cases and
what needs to prepared ,i don't want to put any false cases and then put myself in trouble......if any one has done this please share
experiences. .....etc

I don't want to teach a lesson to 498a wife, I would like to seek for
justice and fair for my brother who have been legally terrorised by 498a
and 498a wife.....Etc

Please send me the quite capable with very good reputation advocate in Hyderabad.

Please help

regards,
Buddy

6 comments:

gopelalwani said...

Hi,

False 498A case has been Quashed by Mumbai High Court and order is as under:-
http://bombayhighcourt.nic.in/data/crim ... 020708.pdf

The matter is quashed after the mutual settlement between the complainant and
Accused No. 1 ( Ex-husband and Ex-Wife).

Other members of the family who were named in the false complaint and have greatly
suffered during the last Six years are not party to the settlement agreement.
We are family of USA Citizens. There were Non- bailable arrest warrant against entire
family and Look-Out-Notices posted at airports.
My wife and Son were arrested at Mumbai Air-port on 29.06.2003 while returning to USA
after a short visit to India. They got the bail and return of passports after Extortion of
about Rs. Five Lakhs. They were jailed for 2 days and detained in India for 15 days.

I have personally suffered losses of over Rs.25 Lakhs, as I was compelled to pull
back all my Investments and sell my property under power of attorney in India for
fear of declaration of Proclaimed offender.

The BITCH also tried to enter into the possession of my property with the excuse of
"Right to Residence".

The Bitch is a Lawyer enrolled with Bar Council of Maharashtra and Goa.
She is presently working in Dubai UAE as law officer with Shipping Company
drawing about 12000 UAE Dharams per month. Her father is also Lawyer practising
in Mumbai High Court

Any Suggestions to teach Father/Daughter DUO the lesson ?

Regards.

CruiserDeep said...

Why dont you complain to the bar council where these father-daughter duo are registered. And also to the UAE company for whatever its worth.

CruiserDeep said...

http://knol.google.com/k/attorney-at-law-karanbirsingh/section-340-cr-pc-has-been-devised-as-a/32haxp83lct8u/2# - ARTICLE ABOUT Perjury counter case under section 340 of Cr.PC

Anonymous said...

original post is here
http://mynation.net/abio/fate-2/

Anonymous said...

I filed a 498a case which is genuine I got harassed physically mentally by in laws and my husband who is major in Indian army, inspire of all this he is asking for divorce and not allowing me to stay with him and finally I filed a case and police are not doing anything because he is an army officer . I am with a baby girl 1 year old and now I am helpless

Anonymous said...

Compromise. Search root reason of harrassment. U cant prove