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.

Evidence–A Life Saver:Digital Voice-Recorders

Tech – Talk

Technical Section

Let me ask you a question : When a case is filed (or expected to be filed) against you and "Unless Proved Innocent You Are Guilt" theory works, how can you prove yourself innocent ?

You need Evidences. There are two types of evidences (1) Concrete Evidence (which can independently decide the case) e.g. a clear video recording and (2) Supporting Evidence (which independently cannot decide the case but when joined with circumstances and other evidences/events, it is usefull to decide the case).

Next is, to get these life saver evidences we need technology. I mean to say electronics and Information Technology. If used correctly, can prove yourself innocent and also can get vital information (from the other party).

Digital Voice Recorders : What someone spoke cannot be judged from the pictures but voice recorders can do it for you. Voice recorders are of two types Analog and Digital. Analog recorders (with cassettes and magnetic tapes) are not a good choice now a days. Digital recorder are perfect as of today. They are very small sized, full of features, well capable and compact. One can easily get a reasonably featured digital recorder for around 3500/- or so. I have a digital voice recorder which can record upto 34 (Thirty Four) hours of conversation. It works in person to person, telephonic, hidden recorder mode, remote mic mode and much more. It can transfer the data to computer and to a CD in turn. It works superb as a Telephone Recorder. You connect it to the phone line (hide it) and it works for around 18 hours at a stretch (battery life). No beep is issued to the other party. It can used almost everywhere Home, Phone, In Car, In Office, In Meetings and absolutely every place which you could think of.

An important feature of the Digital Recorders is “Voice Activated Mode” means if this mode is activated, the digital recorder will Keep Recording as long as voice is there and If no voice for a few seconds then the recorder goes to standby mode and when the next sound comes in It again starts recording it. The advantage is we get removed the “silence” portion of recordings (saves memory and we get long battery backup). Voice recorded files from digital recorders can be transferred to computer and CD and the same CDs could be produced in court as evidences.
Files recorded by Digital recorders can be played on the house hold CD players.

Tip : Use rechargeable batteries in Digital Recorders. Mine uses AAA size eveready 2 cells rechargeable and single pair of batteries can drive the device for around 16 hours.

CENIX, Olympus, Samsung, LG, Sansui and almost all electronics manufacturers manufacture Digital Voice Recorders

Some of the useful links are

http://www.olympusamerica.com/cpg_section/cpg_voicerecorders.asp

http://electronics.listings.ebay.in/Electronic-Gadgets_Voice-Recorders_W0QQsacatZ14960QQsocmdZListingItemList

http://www.tcc-qatar.com/DVR.htm

http://search.ebay.in/digital-voice-recorder_Voice-Recorders_W0QQsacatZ14960

http://www.google.co.in/search?hl=en&q=Cenix+%22Digital+Voice+Recorder%22&meta=


Own Mobile Call Recordings : You can ask you mobile dealer to workshop guy to install a call recording software in your handset so that it keep recordings of the calls. You can put the whole thing on a computer and on a CD in turn. Most of these softwares issue a beep sound to the other party so that the caller comes to know that your call is being recorded.


by Sachit Dalal- SIF Activist

Post-498a Scenario: When passport is feared of being seized, and person anticipates detention for an unreasonable time

If the husband(or the victim family) is working abroad, and is facing a high profile opponent who is legally terrorising them, with the girl's side having a lot of political or other influence, and has a lot of clout in the system. The bail may be opposed strongly, or after bail they may have to attend police station at frequent interwels or at the will of the police- this itself is a worry- but an application to relax the bail conditions could be the remedy).


The main problems are whether the bail would be denied or whether the passport will be impounded/seized and they will be kept remanded for an unreasonable time(there by affecting ones job) with influence and money power.

See how Mr.Rao had got the passport released from HC andhra(see details in message: http://groups.yahoo.com/group/saveindianfamily/message/19156 ). One could also try emailing Mr.Rao email: rao257 (at) yahoo.com.

But in these kind of cases the real trouble is with the influence and power of the girls side, and to nuetralise the potency of the girl's side influence, one has try and submit petitions(to Authorities right from PM, President to MP,MLA, political party local presidents & other important office holders, similarly with the police authorities from IG to SHO(Station's Senior inspector, clearly mention the police station and Court where ur case is going on in your petitions)) mentioning the boys apprehensions of being detained for an unreasonable time in india with his passport also not being given back, there by affecting/losing his job abroad, etc. etc.

The effect of this kind of petition is not because all those higher officials and authorities care a damn, but that the Station Senior inspector, other police officers involved in the case and DCP of the zone, and the Magistrate(put a copy to the magistrate too, ask your advocate about this) will think twice about yielding to the influence of the girl's side.

But one may have reservations about this strategy, since both the families could have a lot of common friends and 'biradri' folks between them- but what better to do , in this case(or for that matter any other), other than to fight out fully.

This is exactly the same strategy which saved many victims(this was actually advised by a high ranking police officer, so do understand that this is a time-tested and sure-fire strategy)- as this has worked out in the boys favour in cases where the girls side were putting a lot of pressure right from delhi to the local congress committee, etc.- but they are all free and hitting back at the girls side now

The son can avoid coming to India and just be where he is, but the parents Passports also could be seized, and hence they cant visit their son + this 498a case will never be closed until the son comes and faces the legal procedures. Better fight now, sooner or later u will have to either do it or submit to the oppression- this is our frank opinion.

Some references, coutsey to the respective sources(not plaigerism, just info dissemination)

1) http://ipc498a.wordpress.com/2007/04/12/sc-judgment-maneka-gandhi-vs-union-of-india-1978/ ->

SC Judgment: Maneka Gandhi Vs Union Of India (1978)Published April 12th, 2007 :

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.
The SC intrepreted this as a case for due process. The article from the Hindu is given below:

http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=5154

The SC kept the passport, but she was given a hearing.
A warning! It is a 144 page judgment.