Tuesday, February 07, 2012
Counter cases after winning the original false case against you(498a, etc)
(this post was originally a reply to a SIFian who posted his win in the false 498a case against him, in the SIF yahoogroup, and wanted to know how to about filing counter cases and when, etc.,.)
Dear Cruise and all,
Where did your case get "dismissed" under what Cr.PC section(s)(discharge@lowercourt-239Cr.PC, quash@highcourt-482 or aquittal(which court)-on wat grounds on benefit of doubt, lack of proof or complaint/FIR found to be false). All these factors will decide ur next strategy. Read ur judgement thoroughly, write in here.
If its an acquittal(as I think it is) at lower court, the appeal period is 30(or 60 days, just check the books/lawyers), if its a high court order the appeal period is more(90 days I think). You can file counter cases like defamation/malicious procecution/IPC211/189 and other sections etc which are in my blog post u r reffering to, immediately after the appeal period(starting from written order got in hand, to be safe).
Now if getting a divorce is ur priority it would be better that u appeal for divorce in cruelty grounds(citing the 498a judgement) and you could get a fast divorce(say 2-3 sittings, may be u can waive of the 6 months mandatory cooling period, since there's nothing to cool down, even though recently SC has insisted that this 6 months be strictly adhered to(for what, especially in this case)). You can file for divorce right now.
After u get a divorce, but before the "period of limitation"(and 2nd marriage, if u r planning, since that's an energy-sink for sure, u may not even have time to remember ur name sometimes!) you can file the counter cases.
"Period of limitation(PoL)"(though delays beyond PoL may be condoned, don't depend on this) varies with respect to the respective counter case sections u r planning(and have grounds for it. ie a clean judgement in which complaint is termed as false directly or indirectly), for eg. If you are planning for defamation(criminal) ie. IPC 499, the period of limitation is 2 years(since the maximum punishment for defamation is 2 years: IPC 500. Punishment for defamation.-- Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.) .
Refer http://bok498a.blogspot.com/2008/07/counter-cases-during-and-after-case.html for details on counter cases.
Make a strategy, and then fire at will, don't leave without guns blazing, turn all over rage, past and present, into energy to run and win the counters(justice-counters is what I call them), this is not just for you, this is for cleaning the pond we are living in, so do well, and do it right!.
PS: Almost all scenarios of a war against 498a/ 'Legal Terrorism' journey is addressed here: http://bit.ly/faqsif , the rest we have 1000s of web resources by SIFians themselves by now(blogs/sites/forums/articles/mail-archives), get knowledgeable yourselves, don't depend on even your father, let alone your bloody lawyer.... aim to win, and leave the rest to destiny.
PPS: In all this don't forget to enjoy life, with all your rage and frustration converted into a rightful crusade, you will be in a position to enjoy life to the fullest while being a staunch crusader... a truth-warrior.