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

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

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