What after chargesheet (final report) by police ?
Chargesheet is filed u/s.238 Cr.P.C.
Immediately accused have an opportunity to challenge the chargesheet in
from of submitting 'Discharge Application' u/s.239 Cr.P.C.
This opportunity if lost, has no side effect whatsoever.
However 'Revision' lies at Session Court u/s.397 Cr.P.C.
Even if 'Revision' is lost, remedy lies as 'Apeal' at High Court for
'quesh' u/s. 482 Cr.P.C.
Even if apeal is lost, remedy lies with Supreme Court under Article 32 of
Constitution. Even if all these opportunities are lost, there is absolutely
no side effect whatsoever of these remedies.
But it MUST BE REMEMBERED AND KEPT IN MIND that 'Discharge Application' has
very limited area to play. You have to prepare your 'Discharge Application'
on the basis of :-
1] Only all the documents accused received with chargesheet ; and
2] Any document which police have in their possession [may be submitted by
accused at the time of bail application at court or made some application
to police attaching some documents] but not submitted with chargesheet to
make case of accused weak and case of complainant/prosecution strong.
Accused simply cannot rely upon any other document or evidence for
'Discharge Application'. Then when other evidence will help ? Answer is in
'trial'.
As soon as Chargesheet is filed and accused decide to file 'Discharge
Application' then he has to follow the following steps :
1] Make application as advised above. You have to state 'Grounds' for
discharge and show that no 'prima facie' case is made out.
2] This application need not be submitted on the date given for 498A case.
It can be submitted on any day. Some courts have their own methods for
handling it. In some court, a 'MISC' (miscellaneous) case number is given
and heard separately with separate set of hearing dates. In some court, it
is heard under the same number of chargesheet case (Criminal Case : C.C.
No.). But under any method, the main 498A case is stopped till 'Discharge
Application' is not disposed off.
3] One copy of 'Discharge Application' is given to PP in court at the time
of filing original application for discharge in court. Court writes order
on discharge application - 'PP to say'.
4] Now PP has to submit his say and he makes all drama of not submitting.
Here accused can submit 'Pursis' to court on each and every date about 'PP'
not submitting his/her say. Accused can make application to court that 'PP'
has nothing to say and therefore not submitting his/her say and therefore,
proceeding may please be continued without his/her say. Accused should not
care for outcome of these exercise, but continuous pressure should be built
on PP to give his/her say. Please note, without his/her say, matter will
not move at all and therefore it is very essential to build a continuous
pressure which normally advocates don't do.
5] After PP's say, accused has to make arguments. Accused can submit
'written argument' (with a copy to PP) and also make oral submission, both.
6] Then PP has to make his/her argument. Again he may ask for adjournments
for his/her argument and accused has to repeat pressure building tactics.
Unless PP makes argument, matter will not proceed further. But 498A will
remain in abeyance (on hold).
7] Then proceeding is completed. Magistrate gives order on discharge
application - either acquittal OR dismissal of application.
8] Hereafter accused may choose either to go to 'Revision' or forget going
ahead. Then charges are framed u/s.240 Cr.P.C. which accused shall contest
fighting that how charges are not applicable. But no advocate fight for
this. So in this manner accused get 2 opportunities. But due to this, trial
is delayed.
9] In my opinion, trial is the BEST way if accused have no good evidence in
charge-sheet or with police which is held back by them.
If 'Informant' has no proof for any allegation, then mere denial by accused
to accusations, gives acquittal due to 'benefit of doubt'.
Courtesy: saveindiafamily
Thursday, February 16, 2012
Tuesday, February 14, 2012
Indian Men abused by Society
GOD save us all,
To add, some of Society's assumptions :-
Every failed marriage is attributed as husbands fault.
Every failed marriage is treated as crime under dowry harassment / 498A.
Every suicide or accident of Bride after marriage is treated as Dowry Death.
Every argument between husband & wife treated as domestic violence.
Every husband not listening to wife is treated as aggressor.
Every mother-in-law is treated as vamp.
Every sister-in-law is treated as instigator of dowry demand.
Every Father-in-law is treated as badmaash.
Every husband's family is treated as criminals.
Every husband's brother is treated as bloody scoundrel.
Every husband's relative is treated as perpetrator of crime.
Every false 498A girl is treated as destitute women.
Every false 498A girl's mother is treated as aggrieved women.
Every false 498A girl's father is treated as loser, caused by a husband.
Every false 498A girl's brother is treated as son of satyawadi Harish chandra.
Every false 498A girl's lawyer is treated as hero.
Every false 498A victim's lawyer is treated as zero.
Every adultery committed by wife is treated as innocent.
Every adultery committed by husband is treated as crime.
Every salary demand made by 498A wife is treated as requirement.
Every refusal of anything to wife is treated as cruelty.
Every statement given by husband is treated as grave provocation.
Every statement issued by wife is treated as gospel of truth.
Every abusive word spoken by girl's family is treated as sweet.
Every false allegation levied by girl's family is treated as genuine.
Every mediator in false 498A is treated as God.
INDIA IS GREAT FOR MISTREATING MEN.....
Courtesy: saveindiafamily
To add, some of Society's assumptions :-
Every failed marriage is attributed as husbands fault.
Every failed marriage is treated as crime under dowry harassment / 498A.
Every suicide or accident of Bride after marriage is treated as Dowry Death.
Every argument between husband & wife treated as domestic violence.
Every husband not listening to wife is treated as aggressor.
Every mother-in-law is treated as vamp.
Every sister-in-law is treated as instigator of dowry demand.
Every Father-in-law is treated as badmaash.
Every husband's family is treated as criminals.
Every husband's brother is treated as bloody scoundrel.
Every husband's relative is treated as perpetrator of crime.
Every false 498A girl is treated as destitute women.
Every false 498A girl's mother is treated as aggrieved women.
Every false 498A girl's father is treated as loser, caused by a husband.
Every false 498A girl's brother is treated as son of satyawadi Harish chandra.
Every false 498A girl's lawyer is treated as hero.
Every false 498A victim's lawyer is treated as zero.
Every adultery committed by wife is treated as innocent.
Every adultery committed by husband is treated as crime.
Every salary demand made by 498A wife is treated as requirement.
Every refusal of anything to wife is treated as cruelty.
Every statement given by husband is treated as grave provocation.
Every statement issued by wife is treated as gospel of truth.
Every abusive word spoken by girl's family is treated as sweet.
Every false allegation levied by girl's family is treated as genuine.
Every mediator in false 498A is treated as God.
INDIA IS GREAT FOR MISTREATING MEN.....
Courtesy: saveindiafamily
Monday, February 13, 2012
498a Case Progression
Here are the legal steps followed for people with 498a case
1] F.I.R.
2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.’s permission is required for arrest.
3] Bail. Police asks for ‘Police Custody’ (called ‘PC’) for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for ‘Judicial Custody’ (called ‘JC’). Then accused apply for ‘bail’, say from ‘police prosecutor’ (called ‘pp’) and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that ‘bail’ is always granted from ‘JC’ AND NOT FROM ‘PC’. The process in legal fraternity is called breaking ‘PC’ to ‘JC’.
4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time – no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.
5] At the time of receiving chargesheet which is given free of cost to ‘each’ accused by ‘pp’ in court, sometime court asks accused whether they are guilty, normally accused say – not guilty. Check the charge sheet – it is also called ‘Final Report’ – there should be a table showing list of witnesses and documents – many times it is not given, tell court for any discrepancy in it.
6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).
7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.
8] Then First witness – wife – PW1 – PP asks question to her based on her complaint to take FIR on court record. Then accused’s counsel cross examine her.
9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).
10] Then I/O’s examination-in-chief by PP and cross by accused’s advocate (counsel).
11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused’s advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).
12] Accused are examined by magistrate u/s313 Cr.P.C.
13] Then PP gives argument, then accused’s advocate gives argument.
14] Enjoy – Now order – Acquittal/Sentencing.
15] Detailed written order is given after few days.
Courtesy: 498a.org
1] F.I.R.
2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.’s permission is required for arrest.
3] Bail. Police asks for ‘Police Custody’ (called ‘PC’) for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for ‘Judicial Custody’ (called ‘JC’). Then accused apply for ‘bail’, say from ‘police prosecutor’ (called ‘pp’) and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that ‘bail’ is always granted from ‘JC’ AND NOT FROM ‘PC’. The process in legal fraternity is called breaking ‘PC’ to ‘JC’.
4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time – no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.
5] At the time of receiving chargesheet which is given free of cost to ‘each’ accused by ‘pp’ in court, sometime court asks accused whether they are guilty, normally accused say – not guilty. Check the charge sheet – it is also called ‘Final Report’ – there should be a table showing list of witnesses and documents – many times it is not given, tell court for any discrepancy in it.
6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).
7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.
8] Then First witness – wife – PW1 – PP asks question to her based on her complaint to take FIR on court record. Then accused’s counsel cross examine her.
9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).
10] Then I/O’s examination-in-chief by PP and cross by accused’s advocate (counsel).
11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused’s advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).
12] Accused are examined by magistrate u/s313 Cr.P.C.
13] Then PP gives argument, then accused’s advocate gives argument.
14] Enjoy – Now order – Acquittal/Sentencing.
15] Detailed written order is given after few days.
Courtesy: 498a.org
Saturday, February 11, 2012
Counter Cases on women for misusing 498a
Counter Cases on women & their family for misusing 498a
a)
IPC 177 : Furnishing false information.
IPC 200 : Using as true such declaration knowing it to be false.
IPC 420 : Cheating
IPC 405 : Criminal breach of trust
IPC 499 : Defamation.
IPC 503 : Criminal intimidation.
IPC 504 : Intentional insult with intent to provoke breach of the peace.
IPC 406 : Criminal breatch of Trust : Non Bailable
IPC 420 : Cheating and dishonestly inducing delivery of property : Non Bailable
IPC 426 : Punished for mischief
IPC 468 : Forgery for purpose of cheating
IPC 500 : Punishment for defamation
IPC 506 : Punishment for criminal intimidation
b)
U/Sec. 383,384 (Extortion), 378,379 (Theft), 406, 415 cheating, 417,420,469 forgery,497, 499,500, 504,506, 120B RW 34 OF IPC
c)
1. CRIMINAL DEFAMATION ( PUNISHMENT FOR DEFAMATION)
2. CIVIL DEFAMATION (MONITORY COMPENSATION FOR DEFAMATION)
*3. DAMAGE RECOVERY CASE U/S 9 OF CPC (law of torts):*
*If she breaks into your home, creates a scene, and goes to " protection
officer " and lies that you abused her "physically, emotionally or
economically", file a damage recovery case u/s 9 of CPC against her.
Legally, you must issue notice on the same day or next day. The suit will
continue for long time. It has no risk. *
4. CRIMINAL INTIMIDATION (IPC 503).
5. INTENTIONAL INSULT WITH INTENT TO PROVOKE BREACH OF THE PEACE. IPC 504
6. PUNISHMENT FOR CRIMINAL INTIMIDATION -IPC 506
7. Criminal breach of Trust : Non Bailable IPC 406
8.File for compensation for malicious prosecution (Rs 50K)-> 1 yr time limit
d) Once 498a acquittal happens, some of the options available for counter cases(LCI)
-file cases u/s 182/211 for false charges against you
-civil suit for malicious prosecution and ask for hefty damages
Courtesy: http://bok498a.blogspot.com
a)
IPC 177 : Furnishing false information.
IPC 200 : Using as true such declaration knowing it to be false.
IPC 420 : Cheating
IPC 405 : Criminal breach of trust
IPC 499 : Defamation.
IPC 503 : Criminal intimidation.
IPC 504 : Intentional insult with intent to provoke breach of the peace.
IPC 406 : Criminal breatch of Trust : Non Bailable
IPC 420 : Cheating and dishonestly inducing delivery of property : Non Bailable
IPC 426 : Punished for mischief
IPC 468 : Forgery for purpose of cheating
IPC 500 : Punishment for defamation
IPC 506 : Punishment for criminal intimidation
b)
U/Sec. 383,384 (Extortion), 378,379 (Theft), 406, 415 cheating, 417,420,469 forgery,497, 499,500, 504,506, 120B RW 34 OF IPC
c)
1. CRIMINAL DEFAMATION ( PUNISHMENT FOR DEFAMATION)
2. CIVIL DEFAMATION (MONITORY COMPENSATION FOR DEFAMATION)
*3. DAMAGE RECOVERY CASE U/S 9 OF CPC (law of torts):*
*If she breaks into your home, creates a scene, and goes to " protection
officer " and lies that you abused her "physically, emotionally or
economically", file a damage recovery case u/s 9 of CPC against her.
Legally, you must issue notice on the same day or next day. The suit will
continue for long time. It has no risk. *
4. CRIMINAL INTIMIDATION (IPC 503).
5. INTENTIONAL INSULT WITH INTENT TO PROVOKE BREACH OF THE PEACE. IPC 504
6. PUNISHMENT FOR CRIMINAL INTIMIDATION -IPC 506
7. Criminal breach of Trust : Non Bailable IPC 406
8.File for compensation for malicious prosecution (Rs 50K)-> 1 yr time limit
d) Once 498a acquittal happens, some of the options available for counter cases(LCI)
-file cases u/s 182/211 for false charges against you
-civil suit for malicious prosecution and ask for hefty damages
Courtesy: http://bok498a.blogspot.com
Thursday, February 9, 2012
Why 498a misuse
Why are women misusing 498a ?
+) AP Police on 498a mis-use
http://www.hyderabadpolice.gov.in/WomenCorner/498A.htm
+) SC: 498a ... becomes tools for blackmailing and bargaining
There is growing tendency to come out with inflated and exaggerated
allegations roping in each and every relation of the husband and if one of
them happens to be of higher status or of vulnerable standing, he or she
becomes an easy prey for better bargaining and blackmailing
Savitri Devi vs Ramesh Chand And Ors. on 19 May, 2003
Equivalent citations: 2003 CriLJ 2759, 104 (2003) DLT 824, II (2003) DMC
328
http://indiankanoon.org/doc/11307/
+) AP Police on 498a mis-use
http://www.hyderabadpolice.gov.in/WomenCorner/498A.htm
+) SC: 498a ... becomes tools for blackmailing and bargaining
There is growing tendency to come out with inflated and exaggerated
allegations roping in each and every relation of the husband and if one of
them happens to be of higher status or of vulnerable standing, he or she
becomes an easy prey for better bargaining and blackmailing
Savitri Devi vs Ramesh Chand And Ors. on 19 May, 2003
Equivalent citations: 2003 CriLJ 2759, 104 (2003) DLT 824, II (2003) DMC
328
http://indiankanoon.org/doc/11307/
Why maintenance
Why Maintenance for educated women especially if no kids are born of wedlock
+) UNDP Human Development Report uses 'Women Participation in Workforce' as a
criteria to measure gender empowerment in any country. India is ranked 119
out of 146 countries in the world per the 2011 report. Only 30% Indian
women participate in workforce showing the pressing need for more women to
come forward to really show any improvement in their own development. Since
she is well educated she needs to take part in workforce and help India
progress rather than get access to easy money in the form of maintainance.
Use the news article from web " begger dies rich in Ajmer". Here a begger
dies of lack of medical attention and after death police found rs 2 lakh in
his pockets. This shows that even though he was rich he was a begger till
the end of his life and was not empowered enough to come to the mainstream.
So the argument any easy money given to her will not be an empowerment. For
that she needs to participate in mainstream workforce.
+) UNDP Human Development Report uses 'Women Participation in Workforce' as a
criteria to measure gender empowerment in any country. India is ranked 119
out of 146 countries in the world per the 2011 report. Only 30% Indian
women participate in workforce showing the pressing need for more women to
come forward to really show any improvement in their own development. Since
she is well educated she needs to take part in workforce and help India
progress rather than get access to easy money in the form of maintainance.
Use the news article from web " begger dies rich in Ajmer". Here a begger
dies of lack of medical attention and after death police found rs 2 lakh in
his pockets. This shows that even though he was rich he was a begger till
the end of his life and was not empowered enough to come to the mainstream.
So the argument any easy money given to her will not be an empowerment. For
that she needs to participate in mainstream workforce.
CIC: Husband can get wife's data through RTI
Central Information Commission
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi – 110 066
Website: www.cic.gov.in
Decision No.1816/IC(A)/2008
F. No.CIC/MA/A/2007/00583
Dated, the 10th January, 2008
Name of the Appellant: Sh. Ashish Kumar Tiwari
Name of the Public Authority: Employees’ Provident Fund Organisation
Facts:
1. The appellant was heard on 9/1/2008.
2. The appellant has asked for the details of PF account in respect of his ex-wife. The CPIO has, however, refused to furnish the information u/s 8(1)(e) and (j) of the Act.
3. During the hearing, the appellant stated that his ex-wife is already employed by a school and, therefore, there is no justification for payment of maintenance allowance as awarded by the Court. He, therefore, pleaded that the information asked for is required to seek exemption from payment of maintenance allowance.
Decision:
4. The appellant’s financial interest is affected in the matter, as he is seeking legal relief from the Court. The disclosure of financial details, mainly PF contributions by his ex-wife would surely help the affected parties in arriving at the reasonable amount of maintenance to be paid to his divorced wife. The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided.
1
5. The CPIO is, therefore, directed to furnish the details of PF of his ex-wife, after determining his identity as ex-husband of the person whose details have been asked for. This information should be furnished within 15 working days from the date of issue of this decision.
6. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari) Information Commissioner
Authenticated true copy:
(L.C. Singhi)
Additional Registrar
Name & address of Parties:
1. Sh. Ashish Kumar Tiwari.
2. Sh. M. Ramakrishnan, Regional Provident Fund Commissioner-II(FA)/CPIO, Employees’ Provident Fund Organisation, Regional Office, 7, Race Course Road, Indore (M.P.)
2
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi – 110 066
Website: www.cic.gov.in
Decision No.1816/IC(A)/2008
F. No.CIC/MA/A/2007/00583
Dated, the 10th January, 2008
Name of the Appellant: Sh. Ashish Kumar Tiwari
Name of the Public Authority: Employees’ Provident Fund Organisation
Facts:
1. The appellant was heard on 9/1/2008.
2. The appellant has asked for the details of PF account in respect of his ex-wife. The CPIO has, however, refused to furnish the information u/s 8(1)(e) and (j) of the Act.
3. During the hearing, the appellant stated that his ex-wife is already employed by a school and, therefore, there is no justification for payment of maintenance allowance as awarded by the Court. He, therefore, pleaded that the information asked for is required to seek exemption from payment of maintenance allowance.
Decision:
4. The appellant’s financial interest is affected in the matter, as he is seeking legal relief from the Court. The disclosure of financial details, mainly PF contributions by his ex-wife would surely help the affected parties in arriving at the reasonable amount of maintenance to be paid to his divorced wife. The disclosure of information sought is, therefore, in larger public interest. The information should therefore be provided.
1
5. The CPIO is, therefore, directed to furnish the details of PF of his ex-wife, after determining his identity as ex-husband of the person whose details have been asked for. This information should be furnished within 15 working days from the date of issue of this decision.
6. With these observations, the appeal is disposed of.
Sd/-
(Prof. M.M. Ansari) Information Commissioner
Authenticated true copy:
(L.C. Singhi)
Additional Registrar
Name & address of Parties:
1. Sh. Ashish Kumar Tiwari.
2. Sh. M. Ramakrishnan, Regional Provident Fund Commissioner-II(FA)/CPIO, Employees’ Provident Fund Organisation, Regional Office, 7, Race Course Road, Indore (M.P.)
2
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