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Dino Mackenzy (Delivery Head)     21 September 2013

Suggestion needed on judgment given on IPC 439

Hi All, I am fighting against false 498a, 406, 323, 504, 506 cases filed by wife against me and my family members. Initially we succeeded in getting Anticipatory Bail from Honorable District Court on term that all accused will be present on particular date in front of Investigation Officer. As per Court’s Order all accused went to Police Station to meet IO however IO was not present at that time into Police Station. So, we called up IO and asked him to come to Police Station as we are present as per Court Order. However IO told us that he is out of a city and we can visit any other Police Officer present during those work hours. So we met PI and other police personnel present at that time. We also took a Police Station stamp and signature on a diary in order to prove our presently in future. No one from Police personnel asked us to do a signature into their register in order to record our presently and also neither we were aware nor our lawyer inform us regarding this process. After few days we got summons from honorable District Court regarding a case filed against all accused under IPC-439 in order to cancel AB which we got earlier. Later we came to know that IO has issued letter in favor of my wife and her family that accused were not present in front of him as per court order and they did contempt of court. On that basis trail started into a court. We submitted all proofs including signed Diary to justify our side to Lawyer and he promised us that he will take care of the matter into a Court and also advised that there is no need to be present into a Court during Hearing. He can handle the situation. So we are not sure if our Lawyer has really submitted proofs given by us in front of Judge or not. Later Judge ordered IO to submit affidavit stating if accused were present or not on particular date as per Courts Order. IO submitted false affidavit to the Court to show our absently based upon which Judge has given a Judgment against all accused and now AB got cancelled. After a week, police came to our home and arrested only my father as no other accused was there at that time. Court sent my father to a Jail (PC+JC inclusive) for 6 days. After 6 days Court approved him a regular bail and not he is now out of custody. Rest of all accused has appealed against decision given by Honorable Lower Court into HC but interim Bail is yet to approve by High Court. Police is hunting rest of all accused just like a dog. As you can see it is totally injustice, abuse of law and misuse of power. I want to check with legal experts, what are possible legal actions accused can take against corrupted IO and his wife/her family. Many Thanks in advance!



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 6 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 September 2013

Dear,

I think when you have not done anything wrong, never run and hide yourself. Mention the fact that when you went to the police station and called the IO (specifically mentioning that you got the no. of the concerned IO from the police station only).

Write a letter to the ACP, SHO of the concerned police station and copy the same to Commissioner of Police, to make sure that immediate action will be taken against them at the earliest.

Advocate Kapil Chandna

9911218741

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     21 September 2013

Dear,

I think when you have not done anything wrong, never run and hide yourself. Mention the fact that when you went to the police station and called the IO (specifically mentioning that you got the no. of the concerned IO from the police station only).

Write a letter to the ACP, SHO of the concerned police station and copy the same to Commissioner of Police, to make sure that immediate action will be taken against them at the earliest.

Advocate Kapil Chandna

9911218741

Dino Mackenzy (Delivery Head)     21 September 2013

Thanks a lot Sir. I would initiate actions suggested by you!!

 

Many Thanks,
Dinesh

Dino Mackenzy (Delivery Head)     21 October 2013

Hi All,

The petition filed in honorable H.C. is now "Disposed" with a status as "RULE ABSOLUTE". Though I have not seen Court Order so far however my lawyer is saying that the Order is passed in favor of me. I am wondering what does "RULE ABSOLUTE" means here?

 

Thanks,

Dinesh

Dino Mackenzy (Delivery Head)     24 October 2013

Yeepee…My first victory against false cases filed by my wife!

 

 

Honorable HC not only set aside impugned order passed by Session Court but also very badly fired Session Court Judge for passing such a stupid Judgment as well as Investigating Agencies for a work which they are doing on the cases filed against me and my family. Honorable HC Judge flagged the Order passed by Session Court Judge for cancellation of AB for me and my family as totally “illegal” and said that there was no attempt either on the part of the Investigating Agency, or on the part of the Court, to verify at least, prima facie, the truth of the allegations levelled against me and my family. This incident has boosted me tremendously and increased my faith in Indian laws and constitutional processes. I am just thinking what should be my next legal step against 498a gang by using HC Judgment. Your thoughts are welcome. Cheers !!!

Dino Mackenzy (Delivery Head)     15 November 2013

HI all,

 

 

Just give a quick update on this issue. I have submitted a letter of complaint against corrupted IO and 498a gang to initiate enquiry against them for submitting false affidavit/documents in a Court to SP, Commissioner and DGP of Maharashtra.

An enquiry has been initiated against all involved people and it will take its own time. However I wanted to know if I can move to the Court against IO and 498a gang and file a private cases against them or should I wait until Polcie department completes its investigation?

 

If you suggest to move to the Court I wish to know various sections which I can use against these criminal minded people. Please suggest.

 

 

 

 

Thanks,
Dinesh


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