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Tuesday, September 07, 2010

VARIOUS MODES TO CRACK 498A & RELATED CASES

VARIOUS MODES TO CRACK 498A & RELATED CASES:
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METHOD 1. FOLLOWING THE TRIAL & PROVING INNOCENCE.

Advantages:
1. Text book method following judicial system to get the formal acquittal order.
2. Post acquittal, we can file perjury U/s 340, malicious prosecution & defamation suit, which will destroy the 498a family completely.
3. Scope for financial compensation thru defamation suit.

Disadvantages:
1.Time consuming; have to be patient with great Indian Judiciary's efficiency.
2.Will take anything between 2 7 Yrs.
3.Need to cope up half baked lawyers from both the sides.

METHOD 2. FILING COUNTER-CASES AGAINST 498a FAMILY.

Advantages:
1. By giving the same medicine to the opponents, 498a case may get over in short time.(DP3, Threatening, Cheating, 406 etc)
2. Indirect pressure can be created to the opponents, so that they will not not time to harass you more.

Disadvantages:
1.Very delicate in nature. Needs to do lot of home work & legal analysis, before retaliating with counter-cases.
2.Very Costly affair & time consuming.
3.Counter-cases may back fire, if not launched properly.
4.Some counter-cases may be of cooked nature, which will be a "misuse of law" & against our SIFF policies.
5. Has to deal with lawyers & will be another headache.

METHOD 3. COMPLAINING TO HIGHER AUTHORITIES:

Advantages:
1.Taking the case details based on merit,to higher authorities & Officers such as Human rights, DGP, Collector, Commissioner, Home Secretary, Income Tax Dept. etc, will solve the case in shorter time.
2.Cheaper mode & may close the cases in shorter time duration.(1- 6 Months)
3.Can handle without much legal aid & lawyers.
4. All the cases shall be closed in ONE GO. (498a, Divorce, Maintenance, DV etc)

Disadvantages:
1.This mode will be applicable based on 498a family & opponents profile & background.
2.Complaints have to be placed immediately after the threats & cases.
3.Government machinery may not work with expected efficiency, which may delay the process.

4. USING RTI APPLICATIONS:

Advantages:
1.Cheapest mode & consumes relatively lesser time to close the case.(4 12 Months)
2.We can screw the 498a family royally, with this "Legal Cruelty" tool.
3.May cause irretrievable damage to the opponents, apart from closure of 498a case & other related cases.
4.Can handle without legal aid & lawyers.
5.No limit & can fire numerous RTIs based on the opponents' profile.
6. Can be used against POLICE & JUDICIAL SYSTEM to create indirect pressure by exposing their law violations & atrocities.

Disadvantages:
1.498a family members or witnesses, needs to be government jobs & related activities.
2.Needs to cope up with time delay for RTI replies from govt. departments & information commission response for appeals.
3.Government machinery may not work with expected efficiency.
4.Very indirect method of attacking the opponents.
5. Needs lot of brainstorming before drafting RTI queries, to hit the Bulls' Eye.

Courtesy: RKV, SIFM-Chennai