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.

VARIOUS MODES TO CRACK 498A & RELATED CASES

VARIOUS MODES TO CRACK 498A & RELATED CASES:
------------ --------- --------- --------- --------- --------- -
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

Consolidated RTI Templates

RTI Template for Complaint agaisnt FIL if he is a Govt. Servant 

RTI Template for obtaining assets of FIL if he is a Govt. Servant 

RTI Template for obtaining information from private companies 

RTI Template for track record of FIL 

RTI Template for retirement analysis of FIL 

RTI Template for retirement analysis of FIL

RIGHT TO INFORMATION ACT 2005 APPLICATION

 

Date: 27 May 2009

 

To

The Public Information Officer,

PA to District Collector (General)

Collectorate, XXXXX District

CITY - XXXXXX

 

1. Name of the Applicant: XXXXXXXX

 

2. Address with Phone Number:

Address line 1

Address line 2

City, State.

Phone Number: xxxxxxxxxxxx

 

3. Particulars of the Information Required:

I would like to receive the following information about XXXXX S/o YYYYY, who is serving as DESIGNATION, CITY, District with the relevant documents’ copy.

 

1. Details of Old Age Pensioners Records prepared & submitted by XXXXX in last 5 years.
2. Details of Land Registration Records maintained & submitted by XXXXX in last 5 years.
3. Details of Land Measurement Records maintained & submitted by XXXXX in last 5 years.

 

4. Details of payment of application fee:

 

Non-judicial court fee stamp of Rs.10/- is affixed on the top herein above.

 

 

Yours Faithfully,

 

 

 

 

(APPLICANT NAME)

RTI Template for track record of FIL

RIGHT TO INFORMATION ACT 2005 APPLICATION

Date: 01 Jun 2009

To

Public Information Officer,

Address line 1

Address line 2

City, State.

 

1. Name of the Applicant: Mr.xxxxxxxxx

 

2. Address with Phone Number:

Address line 1

Address line 2

City, State.

Phone Number: xxxxxxxxxxxx

3. Particulars of the Information Required:

I would like to receive the following information about Mr.xxxxxxx S/o xxxxxxx, who is working / (was retired) as in BSNL, CITY and currently residing at RESDENTIAL ADDRESS, with copy of the documents.

1.      Date of joining on the services with BSNL.

2.      Pay Scale details with breakup.

3.      Details of promotions and departmental enquires on him.

4.      With reference to “BSNL CONDUCT, DISCIPLINE AND APPEAL RULES, 2006” guidelines, following information and documents’ copies are required:

1.      Rule No: 14 – Details of the gifts and articles from relatives and friends received on his daughter XXXXX’S MARRIAGE, as declared by Mr.xxxxxxxx to BSNL.

2.      Rule No: 16 – Declaration given by Mr.xxxxxxxx that he has not given dowry for his daughter’s marriage and the signed declaration from the parties that the dowry was not involved in the marriage.

3.      Copies of following Asset declaration forms period from 1990 – 2009.

a. Form-1 (Form for giving prior intimation or seeking previous sanction in respect of acquisition/ disposal of Immovable/Movable property) (Under Rule 21 of BSNL Conduct, Discipline and Appeal Rules, 2006)

b. Form-2 (Form of report/application for permission to the prescribed authority for the building of or addition to a house)

c. Form-3 (Form of report to the prescribed authority after completion of the building/extension of a house)

d. Form-4 (STATEMENT OF ANNUAL RETURN OF IMMOVABLE PROPERTY)

e. Form-5 (Valuation Report)

f. Form-6 (Form of application for permission to PSE executives to accept commercial employment within a period of two years after retirement)

g. Form–A1 (FORM TO BE FILLED BY BSNL EMPLOYEES ABOUT FAMILY DETAILS ON FIRST EMPLOYMET)

h. Form–A4 (STATEMENT OF MOVABLE PROPERTY ON FIRST APPOINTMENT)

i. Form–A5 (STATEMENT OF IMMOVABLE PROPERTY ON FIRST APPOINTMENT)

j. Form–A6 (STATEMENT OF LIQUID ASSETS ON FIRSTAPPOINTMENT)

k. Form–A8 (STATEMENT OF DEBTS AND OTHER LIABILITIES ON FIRST APPOINTMENT)

 

4. Details of payment of application fee:

Demand Draft for Rs.10/- favoring, Accounts Officer (C&A), HQ, BSNL, Chennai Telephones, attached.

 

Yours Faithfully,

 

 

 

(Applicant Name)

RTI Template for obtaining information from private companies

THE RIGHT TO INFORMATION ACT 2005 APPLICATION

Date: 26 May 2009

 

To

Public Information Officer,

Address line 1

Address line 2

City, State.

 

1. Name of the Applicant: Mr.xxxxxxxxx

 

2. Address with Phone Number:

Address line 1

Address line 2

City, State.

Phone Number: xxxxxxxxxxxx

 

3. Particulars of the Information Required:

     Please provide information as per below list related to M/s.XXXX Ltd, (BSE Code: XXXX, Company CIN : AXXXXXXXXXXXXXXX) having registered office at ADDRESS by obtaining information from the said entity under Section 2 [f] of RTI Act 2005, which is reproduced here under for your kind reference:

 

Section 2 [f] ”information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

 

Please provide the following details of XXXXXX S/o YYYYY, who is working as DESIGNATION in DEPARTMENT of XXXXX Ltd, ADDRESS and residing at ADDRESS, with relevant documents copy.

1.      Date of joining on the services with XXXX Ltd.

2.      Pay scale details with break up.

3.      Details of promotion and departmental enquires on him, if any

4.      Details of his official visits to Chennai from Aug 2005 to Mar 2009, with dates and purpose of the visit.

5.      Total amount paid to him as travel expenses, boarding expenses and Incidental expenses during the period from Aug 2005 to Mar 2009.

6.      Number of leaves he had taken during the period from Aug 2005 to Mar 2009, with dates.

4. Details of payment of application fee:

    Non-judicial court fee stamp of Rs.10/- is affixed herein as fee.

 

 

Yours Faithfully,

 

 

 

 

(APPLICANT NAME)

RTI Template for obtaining assets of FIL if he is a Govt. Servant

THE RIGHT TO INFORMATION ACT 2005 APPLICATION FOR OBTAINING INFORMATION

Date:

To

The Public Information Officer,

OFFICE ADDRESS, XXXXX District

CITY - XXXXXX

 

1. Name of the Applicant: XXXXXXXX

 

2. Address with Phone Number:

Address line 1

Address line 2

City, State.

Phone Number: xxxxxxxxxxxx

 

3. Particulars of the Information Required:

I would like to receive the following information about XXXXXXX S/o YYYYY, who is serving as DESIGNATION, OFFICE ADDRESS with the relevant documents’ copy.

1.       XXXXXXXX’s current pay scale details with monthly take home salary after deductions.

2.       XXXXXXXX’s joining date to the service and promotion details if any.

3.       Any misconduct, departmental enquiry or remarks on XXXXXXXX, so far.

4.       Loans availed from the department so far, if any.

5.       Details of other loans availed from banks and other financial institutions.

6.       With reference to “THE TAMIL NADU GOVERNMENT SERVANTS' CONDUCT RULES, 1973” guidelines defined by government, following information and documents are required:

1.       Rule No: 3 – Details of the gifts and articles from relatives and friends received on his daughter ZZZZZZZZZ’s marriage held on DATE & PLACE, as declared by XXXXXXXX to the government.

2.       Rule No: 3A – Declaration given by XXXXXXXX that he has not given dowry for his daughter’s marriage and the signed declaration from the parties that the dowry was not involved in the marriage.

3.       Copies of following declaration forms, as Listed under SCHEDULE I for the period from 1990 to 2008.

a.       Form No. I (Statement of immovable property held by Government Servants)

b.      Form No. II (Statement of liquid assets held by Government Servants)

c.       Form No. III (Statement of movable property held by Government Servants)

d.      Form No. IV (Statement of Provident Fund and Life Insurance Policy held by Government Servants)

e.      Form No. V (Statement of debts and other liabilities of the Government Servants)

f.        Form No. VI (Form of report/application for permission of the Government for the building of or addition to a house)

g.       Form No. VI-A (Form of application for permission for acquisition of house)

h.      Form No. VII (Form of report to the Government after completion of the building of a house/addition to the house)

i.        SCHEDULE II (Register of immovable property and interests in immovable property held by Government servant)

4. Details of payment of application fee:

Non-judicial court fee stamp of Rs.10/- is affixed on the top herein above.

Yours Faithfully,

 

(APPLICANT NAME)

RTI Template for Complaint agaisnt FIL if he is a Govt. Servant

THE RIGHT TO INFORMATION ACT 2005 APPLICATION FOR OBTAINING INFORMATION

 

Date: 

 

To

The Public Information Officer,

PA to District Collector (General)

Collectorate, XXXXX District

CITY - XXXXXX

 

1. Name of the Applicant: XXXXXXXX

 

2. Address with Phone Number:

Address line 1

Address line 2

City, State.

Phone Number: xxxxxxxxxxxx

 

3. Particulars of the Information Required:

I would like to have the following information regarding the complaint made on XXXXXX to District Collector about XXXXXXXX, DESIGNATION, and OFFICE ADDRESS.

1. Departmental enquiry details taken on serving DESIGNATION about his misuse of power and official post to influence police for his family problem.
2. Action taken on threats and atrocities by XXXXXXXX and his uncle retired DSP YYYYYYY to extort money by filing false case on his daughter’s husband family.

4. Details of payment of application fee:

Non-judicial court fee stamp of Rs.10/- is affixed on the top herein above.

Yours faithfully,

 

 

(APPLICANT NAME)

Enclosures:

• Complaint copy sent to District Collector on XXXXXX.
• Acknowledgement copy for the receipt of complaint by Collector Office on XXXXXXX.

Different Modes to crack 498a case

Dear all,

After being in SIFF forum for last 2 years & based on my own experience, i have tried to enumerate the pros & cons of retaliating the 498a family to close the case, with various modes.

Request your opinion to alter or refine the points.

Regards,
RKV
----------------------------------------------------------
DIFFERENT MODES FOR CRACKING 498A CASE:
--------------------------------------- 
1. FOLLOWING THE TRIAL & PROVING INNOCENCE.

Advantages:
1. Text book method by following judicial system & get the formal acquittal order.
2. During trial, we can file perjury U/s 340 & 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 1 – 5 Yrs.
3.Need to cope up half baked lawyers.
 
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.
Disadvantages:
1.Very delicate in nature. Needs to do lot of home work & legal analysis before retaliating with counter-cases.
2.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”.
 
3. COMPLAINING TO HIGHER AUTHORITIES:
Advantages:
1.Taking the case details to all levels of higher authorities such as Human rights, DGP, Collector, Commissioner, Home Secretary, Income tax Dept. etc, will solve the case in shorter time.
2.Cheaper mode & can close the case in shorter time duration.(1- 6 Months)
3.Can handle without much legal aid.

Disadvantages:
1.This mode will be applicable based on 498a family members’ profile.
2.Complaints have to be placed immediately after the threats.
3.Government machinery may not work with expected efficiency.
 
4. USING RTI APPLICATIONS AGINST 498A FAMILY:
Advantages:
1.Cheaper mode & consumes relatively lesser time to close the case.(2 – 6 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.
4.Can handle without legal aid.
5.No limit & can fire numerous RTIs based on the opponents’ profile..

Disadvantages:
1.498a family members or witnesses needs to be government job.
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.
----------------------------------------------------------

பிரபாகரன் உயிருடன் இருக்கிறாரா ? கிராபிக்ஸ் விளையாட்டா ? வேதனையா ?

பிரபாகரன் உயிருடன் இருக்கிறாரா ? கிராபிக்ஸ் விளையாட்டா ? வேதனையா ?


காசு பாக்கும் எண்ணத்துடன் , தமிழக மக்களின் ஆர்வத்தையும் அனுதாபத்தையும் தூண்டும் விதத்தில் ஒரு பொய் செய்தியை வெளியிட்டு, கிராபிக்ஸ் விளையாட்டு விளையாடி, பிரபாகரன் உயிருடன் இருப்பதாய் நக்கீரன் இதழ் பெரும் பொய் சொல்லியுள்ளது என்று செய்தி வந்திருக்கிறது.

உதாரணமாய் , புலிகளின் தளமான தமிழ் நெட்டில் வந்த இந்த பழைய (2003) செய்தியையும் புகைப்படங்களையும் பாருங்கள்
http://www.tamilnet.com/art.html?catid=13&artid=8456

இந்த பழைய செய்தியில் பிரபாகரன் உட்காந்து இருக்கும் விதத்தையும் சிறிப்பையும், நக்கீரன் அட்டைப்படத்துடன் ஒப்பிட்டு பாருங்கள் ..

முடிவுகளை நீங்களே எடுத்துக்கொள்ளுங்கள்


அன்புடன்

Tags : பிரபாகரனின் மரணம், நக்கீரன் செய்தி, பிரபாக்ரன் உயிருடன் இருக்கிறாரா ? , விதலைப்புலிகளின் தலைமை, பிரபாகரன்

File cases for giving dowry

In most of the 498A complaints lodged against husbands it is found that the girl's family says, " We gave X amount of dowry" added with the allegation that it was demanded. However, dowry giving is also an equal crime as per Section 3 of the Dowry Prohibition Act, 1961 as much as abetting it is. Even witnesses give their statements that they saw the dowry being given.

Please remember if there is a case against you and your family for demanding and taking dowry on the basis of the statements given by complainant wife and her well-wishers, then a similar case for giving and abetting also needs to be registered against the complainant wife and her well-wishers for being parties to giving dowry and abetting its exchange.

Some key points to be noted however,

1. Filing a case for "Giving Dowry" against complainant wife and her well-wishers does not mean tacit admission of "Taking Dowry" because there is a difference between giving and taking. For taking to happen, giving is a mandatory condition but the reverse is not true. For all practical purposes the dowry could be offered by dowry givers and the people offered can reject to take it. However, in this case the crime of Dowry Giving and Abetment of Dowry giving has happened and the people involved therein need to be prosecuted for this. 

2. For the 498A cases mentioned, there is prima facie evidence available in the form of "Voluntary Confessional Admission" by the complainant wife and her well-wishers that they gave dowry.

3. Although Section 7 of the Dowry Prohibition Act, 1961 does provide immunity to the complainant against prosecution but remember, that the immunity is available only in that instance of Dowry Prohibition Act, 1961 under which case of "Dowry demand and taking" is running. This means that we cannot arraign the accused in the same case under section 319 of the CrPC. However, nothing stops the husband from filing a new case based on their confessional admission. And in that case the husband (complainant herein) shall be provided the immunity.

Keeping in mind all these points, all the husbands who are facing false allegations of dowry demand and dowry taking against them have a moral bound duty to get the Section 3 of the Dowry Prohibition implemented in its entirety in letter and spirit.

So all dear husbands, rain on the system with complaints that you came to know that you have taken dowry only via the FIR on you and file cases for giving dowry to you as per their own admission. The society shall get back from husbands what it has given them.

Landmark judgement & precautions before file DP3

Posted by: "Sanjay Dhupar" 

Wed Mar 17, 2010 12:06 am (PDT)

Dear all ,
 
On Based upon lot of discussion with my all siffins's friend like Mr Virag , Ajay Reddy , Sukhant , Rajesh , Nitin Dixit and may more.....also some friends from judiciary , please let me note down some points for sucessfull filing DP3 to your sweet wife & cheering FIL , BIL ...so on 
 
1) Read carefully all "affidavit" which are filed against you in any cases.
2) Catch the line , in she write that "Dowary is given via her father,mother, brother so on....."
3) Dont think that above line is sufficent.
4) Keep in cool way & have patience up to cross examination in court.
5) It is the best way to do cross exam her by you not by lawyer to keep her under mental  
    tension.
6) When u cross exam her by smiling face , you should tackle on that way that she will accept all lines what she was saying about dowary given .
7) Now u are in 100 % winning position.
8) Just get the certified copies from court of crss examination
9) Now u file DP3 application to police along with certified statement of her in court and as well as "affidavit" in courts.
10) Poilice definetly do not act properly .
11) Wait for 30 days .
12) File your application to the court under 156(3) and attach supreme court citataion which i provide the link below 
http://www.sendspac e.com/file/ ompnh2

under this citaion , sc says that two FIR  can be launch on same case. If she suppose already file 498A  agianst you this citation help you.
 
So ab to haso aur keep smile & go ahead to win against this legel terrorism  
    
 
 
 
 

http://www.sendspac e.com/file/ ompnh2

Sanjay Dhupar
Ph-0751-4070523, 94253-08423

Retrospective Clause in DV - Strategy

Well guys the retrospectiveness of DV has been a controversial topic of late. And the law being silent about it, the judiciary uses it to its own whims and fancies most of the times which are biased against men. Alleged acts of violence committed prior to 26th Oct 2006, the day the devilish DV law came in effect, are made part of petition and cases are getting registered.
But retrospectiveness in law is a serious issue and allowing retrospective matters in admittance of cases can have serious implications. As technological advances follows Murphy’s rule, newer dangers are also getting exposed and newer legal provisions can also come into effect. What was legal now can be illegal later, so do we book all those persons who committed a hitherto legal, but hence illegal action deemed as offense? Rationally and logically, No.
Coming back to DV, prior to it being enacted, calling names to wives was not an offense and some husband might have called his wife with some name, either out of love and affection or in a fit of anger, which even the wife must have done. But since DV outlines it as an offense only for the husband, allowing retrospective clause in DV law, all wives can book their husbands under DV and 100 % marriages will break. So retrospective clause is not healthy from a social and a futuristic standpoint of legal consideration.
Again arguing that DV does not attract penal consequences and the same arise only when protection order is violated and that offense will not be retrospective, then it must be remembered that in first place, case should not have registered, so no protection order should have been passed. So no possibility of commission of offense if retrospective clause is not defined for DV. But since the court has allowed it, it is also an equal party to the offense and should share the penalty!!! What an absurdity?
http://judis.nic.in/chennai/qrydisp.asp?tfnm=13665
Hence taking a cue from the above judgment and using the aforesaid logic, we can develop a strong petition to challenge retrospectiveness of DV and challenge any such summons under 397 CrPC and bring the case to a halt.

Also specifically,

DV Cannot be used retrospectively

1)SLP(C) No.25219 of 2004 delivered by the Honorble Supreme Court of India where in it was held Penal Statutes (Acts) which create
new offences are always Prospective

2)1993 Crl.J 2636 delivered by Honorble Allahabad High Court where in it was held the accused was acquitted for the offences
punishable u/s 304B as the dowry death took place prior to the commencement of the act 304B.

Domestic Violence Lanmark Judgements

1) Crl.P 3714 of 2007 delivered by the Hon´ble High Court of Andhra Pradesh where in it was held "It is a fundamental principle of law that any penal provision has no retrospective operation but only prospective. There is no allegation either in the report or in the statement or in the complaint on the 1st Respondent with regards to the acts of domestic violence that took place on or after 26-10-2006.Therefor e continuation of proceedings against the petitioners is nothing but abuse of process of court".

2) I (2008) DMC 1 delivered by the Hon´ble Madhya Pradesh High Court held that "" Complaint for this offence can only be filed against adult male person and further held in 3( C ) that as provided by sec 2(q)of the act, such application u/s 12 of the act can´t be filed against petitioner´s who are ladies ".

3) 2007(2) ALT (Crl.) 504(A.P) delivered by the Hon´ble High Court of Andhra Pradesh where in it was held "as there is no claim made against the other respondents, continuing process against them is a clear abuse of law".

4) I (2007) DMC 1 (SC) = 2007(3) ALT (Crl.) 1(SC) delivered by the Hon´ble Supreme Court of India where in it was held"claim for alternative accommodation can only be made against the husband but not to the In-laws".

Some scenarios & caveats in cases involving two states w.r.t AB & Bail

Some technical issues and redundancy in applying for AB in mumbai is that if at all they want to apply at Mumabi, it will have to be in HC, Mumbai(expensive first of all). Why it has to HC and not any subordinate court(sessions, magistrate etc) , since HC is the only court which is above the bangalore magistrate court even though not directly above, HC mumbai is still hierarchically above the magistrate court , bangalore where the case must be(or is it a district court/JFMC/FMC court etc).

Plus HC mumbai will be(may be) reluctant to give the AB, since even though it has the powers to grant bail(hierarchically) its foot is not so firmly planted jurisdictionally. As it happened in my parent’s bail in Kerala HC(the original case was filed in Mumbai(Mulund Magistrate court)- the other party came with glycerin and women police(from mumbai) and vehemently opposed the AB. The lady(bitch) police(CI rank!) from mumbai was shouting at the HC kerala judge and he was chickening & pissing right there on his high seat. The AB was denied on the grounds that "Mumbai police wants custodial interrogation of the accused seeking AB, and since granting AB will compromise the chances of recovery of the misappropriated property(stridhan)"- we too had 406 on us like Abbas’ has now.

Those being the technical aspects of inter state scenarios like Abbas'(and earlier mine too)

The redundancy is that Transit bails are not granted, more often than not, for periods long enough(in which it can be expected that the regular bail can be obtained at the other state court, in this case, bangalore), and hence it may be required to take another AB in Bangalore, before the regular bail comes up for hearing at the Bangalore court.

So its always better to get the AB from the court where the case is going on(or the sessions court above it, if one suspects collusion at the magistrate court level). But its our natural tendency to be scared about the other parties 'playground', here bangalore, the thoughts of whether they will be able to influence the judge to deny the AB etc. But that’s where the SIF network in bangalore can help , by referring lawyers with irresistible 'face-value'/’currency’ in that particular court where AB is planned to be filed for.

But the chances of an other state HC granting AB, in face of the “jurisdictional dilemma” becomes slim(this dilemma is only in the mind of the judges, and that too if the other party comes to know and opposes in the AB hearing, in collusion with the PP/bangalore Police(both are parties to an AB case, as they represent the State who is the complainant... as in all criminal cases).

I had , I guess, mentioned these points briefly in my telecon with Abbas but just reiterating this for the benefit of others as well. But what I said above is not to be generalised, especially since Mumbai courts/judges are down right consumerists!(money gets whatever u want!). So all said and done u may get a Transit AB valid till the cows come home!, but its ones duty to ensure that the lawyer will deliver on getting enough time validity for the transit AB so that Abbas' family can straight away apply for regular bail at Bangalore(without having to apply for another AB at Bangalore, due to short validity of the transit AB).

If Abbas' case was in Mumbai, I would have taken his parents to the police station one day morning(after a reliable kingpin sets-up the IO and SHO, etc.) and make them present the parents at court by 11am, and get the regular bail itself by 1pm!(setting up the magistrate) - Making the process of ABA itself redundant... but I don’t know whether in Bangalore this is possible and whether we have such kingpins to liaison with the Police and Judge for the "Settings"(as its lovingly referred to in Mumbai).

This may look scary but this is what I had to do for my parents, after their bail got rejected in HC Kerala(since for me, applying for my parent’s AB in HC, mumbai after this was dicy, since both the HCs are in the same level, and one HC won't 'like' to over rule the other(horizontally in level) HCs ABA denial. So my only option was the SC for ABA!!!, where my ex’s Uncle was a top lawyer and who was waiting to pounce on us the moment we approach SC!!!).

This risk is there with Abbas' case too: That’s if he applies in Mumbai HC and it, god forbid, gets rejected, then the Bangalore HC will think twice to give AB, and no lower court(in bangalore) will have the power to grant an AB, which was rejected by an HC(mumbai in this case).

So these are the scenarios in these kind of cases. No hard and fast rules, but these are the general caveats one should be aware of while decision the road ahead in such cases(involving 2 states , like in Abbas’ case)

Regrds
Gokul
PS: Now I have to blog this at http://bok498a.blogspot.com (of course, with personal details blanked out), lest I feel wasted writing so much for benefit of only a few of us.

Virag wrote:
Hi Abbas,

Misuse of 498A is like a disease and is spreading everywhere like a virus. So you are not the only one.There are thousands of families being affected by this.

So gear up to fight this misuse as this is the only way out. First of all, your parents need to file an Anticipatory Bail (AB) in Mumbai and remain in hiding till it is obtained. Gokul, Jinesh, Rakesh in Mumbai can help you in getting AB in mumbai.

The answer to the question, whether AB should be taken in Mumbai or Bangalore is as follows:-

Let your parents take an AB in Mumbai first, they being residents of Mumbai, it will be easy there. As the remote police team (Bangalore) cannot make an arrest without the local team, and the local team will not be able to arrest as your parents have a local AB, so the local team will have to present your parents before the jurisdictional magistrate who will give a Transit Bail for 15 days, within which your parents will need to apply for Regular Bail (RB) in Bangalore.

Once they manage to get the bail, consider yourself as 90 % victorious as the whole drama in a 498a case is around this bail/jail drama only.

About transferring your case to Mumbai, it will be next to impossible for :-

1) You have to go Supreme Court for the same.
2) Criminal cases are not transferred out of jurisdiction until and unless there is a very compelling reason to do so, as the alleged torture has happened at Bangalore, jurisidiction is Bangalore.
3) Expecting transfer of case in 498a at husband's / in - laws' place is not advisable. So do not think on those lines.

Rather than that your case has strong grounds for Quashing, so after you manage to get bail for your parents, prepare for quashing.

Right now, the best thing for you is to have patience, resolve and firm to fight the case and for that you will need knowledge, so

1) Join SaveIndianFamily yahoogroups at

2) Read this properly Survival Kit to 498a

About actions to be taken post bail, we will discuss further, after hearing from you whether you are looking for a quick fix or ready to give a tough fight.

Marking this mail to Arnab who is in US and an active member at Save Indian Family.

All the best.
On Sun, Aug 10, 2008 at 2:10 AM, abbas wrote:
I live in ********. I am originally from Mumbai, India. My wife is from Bangalore, India. She lived with me in India for 3 days in Bangalore, and 6 days in Bombay with me and my family. She left me when I was still in Bombay, and went to Bangalore. I left for the US after 5 more days in Bombay. She claims I hit her and demanded dowry in these 6 days in Bombay. My parents have been implicated too. Arrest warrants have been issued against my father, mother and myself. Police had come from Bangalore to arrest. Luckily my parents were not at home. They are avoiding arrest now by living elsewhere.
I am in the USA, so its not about me. Its about getting my parents out of this. They have to go to Bangalore, where the case is filed. Their family has a very strong presence there. I want to avoid them travelling to Bangalore.

Please help!!

- Abbas




--- On Thu, 8/7/08, Gokul P.R wrote:

> From: Gokul P.R
> Subject: Re: 498a victim
> To: abbas
> Cc: "Virag" , "Binoe Manuel" "Gorky" , "Bharati"
> Date: Thursday, August 7, 2008, 11:27 AM
> Hi Abbas,
>
> I am Ccing this to activists in Bangalore who you can
> call up and take tips about the situation in bangalore, as
> discussed in our telecon. For their info please reply with a
> brief write-up about ur case(about 1/2 a page is enough for
> getting the outline).
>
> I would recommend that you join SIF(saveindianfamily)
> yahoo group: http://groups.yahoo.com/group/saveindianfamily
> , where you can post your specific queries and can expect to
> get replies from the 3300 odd members in this group, who are
> highly passionate about fighting this kind of misuse of law
> and are knowledgeable than even an average advocate. The
> message archives of SIF yahoo group also will be helpful in
> getting more insight to any kind of legal situation that you
> may be in(you can search with Keywords related to your
> case).
>
>
> All the major judgements/citations that you may need is
> here: www.mynation.net and
> http://www.498a.org/forum/viewforum.php?f=16&sid=1592eb0eed276fe804822de5daf4db2a
> .
>
> Refer
> http://ipc498a.wordpress.com/2007/07/01/the-498a-survival-kit/
> to read about how you can fight misuse of 498a.
>
> See the attachment for some links and resources which
> will help you to research solutions yourselves. Also call
> the helpline numbers near to you( given below) and meet the
> local group at their weekly meetings(they have several local
> groups in US too).
>
> In the meanwhile go through some blog posts I had written
> about counter cases and using the Joginder Kumar Vs State of
> UP judgement for getting a fair investigation done in your
> case, as discussed in our telecon.
>
> See:
> http://at498a.blogspot.com/2008/05/impending-498a-send-this.html
> -> This is the petition I had mentioned about in our
> telecon, you can send this to the Commissioner of police,
> Prime Minsiters, Law Minister, etc., keeping the Senior of
> the bangalore and bombay police station and the
> Investigation officer as "Copy to", seeing that u
> have sent your petition to these many higher ups the police
> stations guys will behave, thats the logic(not that these
> higher ups care a damn!)
>
> Also see:
> http://bok498a.blogspot.com/2008/07/post-498a-getting-fair-investigation.html
> ,
> http://bok498a.blogspot.com/2008/07/counter-cases-during-and-after-case.html
> and
> http://bok498a.blogspot.com/2008/06/first-strikers-advantage-live-saving.html
> For Free Advise, Call our help-lines worldwide Help-Line
> Numbers.
> Mumbai: 9869323538, 9821414336, 9224335577, 9820056091
> Nagpur: 9890974788
> Nasik: 9371988132, 9822011250, 9890656219 Pune:
> 9923056460, 9922379103, 9850883751
> Delhi: 9911119113, 9891369616, 9811624141 Calcutta:
> 9231835462, 9830151555, 9830927619
> Kanpur: 9839038424, 9335014984,9935239764 Bangalore:
> 80-65334135, 9845986250
> Jaipur 9352562456 Kerala 9895557765, 9995433034,
> 9995308518 Gujarat 9825365816, 9898989884 U.S.A
> +650-430-9544, +612-812-4340, +917- 512-5362 Kuwait
> +965-3869295
> More helplines at: http://mynation.net/contact-us &
> http://www.savefamily.org/index.php?Itemid=65&option=com_content
> In return we just need to raise your voice in whatever
> way possible so that we can together see the end of this
> legal terrorism in families, which is the real strength of
> India(and may be thats why families are being systematically
> targetted and broken down by vested interests!)
>
> Warm Regards,
>
> Gokul, http://gokul.go.to, 9821414336(Mumbai)
> Editor - www.siftimes.com , Director- www.pifngo.info
> Protect Indian Family: "For Family Harmony.. Against
> Legal Terrorism"
>
>
> abbas wrote: Hello Gokul.
> Thank You so much for your excellent advice. I am under a
> lot of stress currently, and my parents more than me.
> These are the charges against me and my parents:
>
> 498a
> 506tpc
> 406 da act
>
> Thanks again for listening.
>
> - Abbas



--
Thanks & Regards
Virag
Reality is merely an illusion, albeit a very persistent one.
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