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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.) .


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.

5 comments:

gopal prasad mahanty said...

My daughter in law filed 498A IPC against my whole family in 1999. We have been acquitted in 2011. I as father in law filed criminal defamation complaint in the Court of CJM under Sec 211, 499, 500, & 34 IPC against daughter in law and her parents and brother. CJM took cognizance and marked the file to JM for enquiry and trial. My statement on oath was done. Then I submitted that I have no other witness and the case will be proved by documentary evidence. JM rejected the complaint stating the 498A does not appear to have been filed with malice. Revision was filed. Revision was admitted and as per direction State was added as Party. ADJ issued summons to the the accused. Accused appeared through lawyer. After bearing the ADJ also rejected the revision. Kindly advise further course of action and also kindly intimate case law to support my case. Thanks and regards

Asked 11/16/15, 8:

Anonymous said...

mar jaa buddhey , kamine :(

Anonymous said...

who had written this comment to Mr. Mahanty by humiliating him is very unfortunate. the language is very indecent. it seems that the person who had dared to insult this respected gentleman Mr. Mahanty is a notorious element of our society. Mr. Mahanty please go to High Court. Do not spare that lady who had done false 498a. I shall help you as much as I can.

you can contact me : corporate.sumanta@gmail.com

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