jack (nothing) 06 December 2014
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 07 December 2014
Mr. Jack,
Yes your can. First of all you have to apply for certified copy of FIR & Charge Sheet. Then you can apply for Writ Petition (Article 226) with Article 21, CrPC 482 and 483 and Indian Evidence Act 1872 and prey for -
1) CID investigation
2) Quashing
3) If quashing not granted then direction of time frame of 6 months of the entire trial.
You need to justify with Indian Evidence Act that police did not submit any evidence except the FIR to file the final CS. You also have to submit your evidence if any and legal grounds for quashing (If not granted the speedy trial as per Article 21).
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 07 December 2014
Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 07 December 2014
Four Judgments (CITATIONS) are there to ask the judge to decide perjury first but just writing the citation only won't suffice. One of my friend needs the actual judgments which he wants to use in case of Rotak Girls who filed false case on innocent boys. So if anyone has the weblinks of the below four citations then kindly inform as even indiankanoon.org & other sites not showing these. Also anyone kindly suggest if the judge asks to provide complete judgments then what he shall do ?
Order dated 09/01//2013 passed by the Lucknow Bench of the Honble Allahabad High Court in Writ Petition No.(M/S) of 2002, Syed Nazim Husain Vs. The Additional Principal Judge Family Court & Another;
Order dated 17/06/1994 passed by this Commission in M/s. Remex Engineering Pvt. Ltd. And Others Vs. Vijaya Bank and Others, reported in 1994-(002)-CTJ-0845-SCMAH;
Decision dated 25/01/2010 of the Punjab and Haryana High Court in CRA NO.197 SB OF 2010 (O&M), Sunny Bhumbla Vs. Shashi.
BOMBAY HIGH COURT CRIMINAL APPLICATION No.1115/07. (Para 7 & 8)
anilcochin (Proprietor) 07 December 2014
Please be handsome, smart, good looking and look for a good unmarried girl and start leave-in relationship until you get divorce.
As per legal system, would it not be adultery for a married man to have a live-in relationship with an unmarried women????
NATARAJAN IYER (Proprietor) 08 December 2014
@ anil cochin
anilcochin (Proprietor) 08 December 2014
Thaks for your response Natarajan Sir, My query was as mentioned by Rocky that a married man can have a Live-in relationship with an UNMARRIED WOMEN during divorce proceedings. Does it not constitute adultery as per prevalent laws.
Sushil Kumar Sharma (Assistant Of Company Secy) 08 December 2014
Dear All,
Thanks for sharing such a valuable informations.
Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 10 December 2014
ROHTAK SISTERS PERJURY
The girls who made false claim as per the link:- https://www.youtube.com/watch?v=VWzWsql94_Q
PERJURY Application has been prepared. I want two people to come forward. I want one activist from Rohtak who can file it in court of JIMC Kirti Jain FIR No. 493/2014 dated 28.11.2014. All paper work is ready. Just attach Rs.20 on first page of this perjury application & Rs.50 talbana fees & add Rs. 10 & Rs.2 to be attached on the vakalatnama. NOTE:- Do it PIP (Party-in-Person) but still you need to fill the form called vakalatnama. I have gathered all info from Rohtak Court Room no. 3 at Ground Floor. I am just waiting for a volunteer from Haryana (Rohtak) to come forward. I will provide complete drafting support at my end thru email.
One more volunteer I require from Chandigarh who will simulataneously file a PIL from Chandigarh HC.
I am just waiting for these two volunteers who will file the cases in their names as above & these girls acts is such grave that GENDER COMMISSIONS MIGHT TRY TO SAVE THESE GIRLS FROM PROSECUTION as they have a lot of foreign fundings , but if I get any one of above volunteers then
PERJURY U/s 340 of Cr.P.C R/w 195(b)(i) of Cr.PC and 193, 196, 199, 200, 209, 211, 463, 471 of IPC is the answer & includes AT LEAST FIVE YEARS PUNISHMENT IN JAIL (& also upto 7 years in one section)
VOLUNTEERS I AM WAITING FOR YOU TO COME FORWARD.
Four Judgments (CITATIONS) are there to ask the judge to decide perjury first but just writing the citation only won't suffice. One of my friend needs the actual judgments which he wants to use in case of Rotak Girls who filed false case on innocent boys. So if anyone has the weblinks of the below four citations then kindly inform as even indiankanoon.org & other sites not showing these. Also anyone kindly suggest if the judge asks to provide complete judgments then what he shall do ?
Order dated 09/01//2013 passed by the Lucknow Bench of the Honble Allahabad High Court in Writ Petition No.(M/S) of 2002, Syed Nazim Husain Vs. The Additional Principal Judge Family Court & Another;
Order dated 17/06/1994 passed by this Commission in M/s. Remex Engineering Pvt. Ltd. And Others Vs. Vijaya Bank and Others, reported in 1994-(002)-CTJ-0845-SCMAH;
Decision dated 25/01/2010 of the Punjab and Haryana High Court in CRA NO.197 SB OF 2010 (O&M), Sunny Bhumbla Vs. Shashi.
BOMBAY HIGH COURT CRIMINAL APPLICATION No.1115/07. (Para 7 & 8)
Anil Kumar (IT Professional) 10 December 2014
In Addition:
Most of the advocates misguided/blackmail their clients for just their earnings. It is very unfortunate that in India the Dowry and Women Related laws are drafted without any logical conclusion and unpractically.
As per my personal experience "Finding the Right Advocate / Lawyer is the very toughest task more then fighting the 498A and DV case"
Besides SC & HC guidelines the local police and lower courts admit the false 498A / DV cases without evaluation/verification the petition and without demanding any proof by petitioner in support of her cruelty. In my views Police and Lower Court not much care the HC & SC Guidelines and they are free to do anythings.
Even the lower court has not applied their judicial mind before passing the impugned order. A wrong order make the man life hell and this discrimination law make man a unexpected guilty and depress.
Thanks Rocky even I want to participate in this after fighting and getting the justice and prove myself innocence.
Victiim of DV, 498A and now Divorce (all comes in one package one by one together in my case)
Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 11 December 2014
One anonymous friend sent me details on one of the above links/citations asking/requesting judge to DECIDE PERJURY FIRST. I am sharing for benefit et al:-
Court No.29
High Court of Judicature at Allahabad, Lucknow Bench, Lucknow
Writ Petition No. (M/S) of 2002
Syed Nazim Husain
Vs.
The Additional Principal
Judge Family Court &
another
Hon’ble A. Mateen, J.
Heard learned counsel for the petitioner as well as learned A.G.A.
Since a very trivial point is involved I propose to dispose of the petition at this initial stage. Learned counsel for the petitioner has approached this Court with the prayer that the order dated 24.10.2002 be quashed.
From the order dated 24.10.2002 it comes out that the learned Additional Principal Judge, Family Court on the application, moved by the petioner under Section 340, 344 Cr.P.C. instead of disposing of the same had postponed disposal of the said application and ordered that said application may be disposed of after evidence is recorded in case No. 566/89.
In my view, if an application is moved in the pending case bringing to the notice of the court that any false evidence knowing well has been filed or fabricated in such proceedings, the court should dispose of the said application first before proceeding any further or before recording of further evidence.
In the circumstances, I dispose of the present application and direct the Additional Principal Judge Family Court to dispose of the application so moved by the petitioner under Section 340, 344 Cr.P.C. before proceeding further in accordance with law.
With the above observations the petition is disposed of finally.
9.1.2003 sd- A.Mateen
Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 12 December 2014
One anonymous friend sent me details on REMEX citation and now we can ask/request judge [ON RECORD] to DECIDE PERJURY FIRST. I am sharing for benefit et al:-
Mr. Justice G.G.Loney, President -
With a view to have full facts before us, it is also necessary for us to state that the Opposite Party did deposit a crossed cheque of Rs. 7,36,610.08 before the Registrar of this Commission on 14th June, 1993. However, the said cheque was intentionally given by Vijaya Bank in the name of this Commission and therefore, the cheque was useless. We therefore, directed the O.P. to issue a fresh cheque in the name of the complainant since the payment was to paid to the complainant. Thus, from the facts mentioned above, the complainant has submitted that Mr. Jaikumar Shetty by making false statement in his affidavit has committed an offence punishable under Section 193 of the I.P.C. and therefore, necessary complaint be filed against him before the Criminal Court having jurisdiction to decide it. We are satisfied from the material on record that Shri Jaikumar Shetty has made the false statement during the judicial proceedings before this Commission and he is therefore, liable for prosecution under Section 193 of the I.P.C.
Section 13(5) of the Consumer Protection Act 1986 provides that a proceeding before the State Commission shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 of the I.P.C. and shall also be deemed to be a Civil Court for the purposes of Section 195 of the Code of Criminal Procedure. The aforesaid provisions are made obviously with a view to discourage litigants from making false statements before the Consumer Fora constituted under the Consumer Protection Act. Giving false statement or fabrication of false evidence is an offence against public justice and therefore since it is our view that Shri Jaikumar Shetty having committed an offence against public justice punishable under Section 193 of the I.P.C. suitable action is required to be taken in a Criminal Court. This Commission is also empowered under Section 195 of the Criminal Procedure Code to take action against a person who commits any offence during the proceedings before this Commission, under Sections 193 and 228 of the I.P.C. We therefore, under the provisions of Section 195 r/w Section 340 of the Cr.P.C. made an enquiry on the application of complainant and found that it is expedient in the interest of justice to prosecute Jaikumar Shetty for making false statement and punishable under Section 193 of the I.P.C.
We would like to mention that the contentions of Shri Jaykumar Shetty that the Bomb Blast took place in Bombay on 30th March, 1993 and the entire Bombay was under curfew, because of the Bomb Blasts is not correct. Factually Bomb Blasts took place in Bombay on 12th March, 1993 and not on 30th March, 1993. Similarly, the entire Bombay was not under Curfew but only certain areas were under Curfew. The office of the Opposite Party Bank is at a short distance of about 3 Km. away from the place of Bomb Blast at Worli area. In fact, entire Bombay was normal on the very next day of the blast except curfew in certain restricted areas. The Opposite Party, Bank has not filed anything to show that no transactions could take place on 12th and 13th March, 1993. In fact banking transactions were normal in Bombay on those days. Under these circumstances we find that the Opposite Parties have no regard for truth. In fact they have acted in the most casual manner before us and did not honour the undertaking given before this Commission on 11.6.1993 to produce the crossed cheque for payment to the complainant as promised and have even acted in a manner that we were constrained to issue Show Cause Notice under Section 228 of the I.P.C. From the facts and circumstances of this case, we therefore, hold that prosecution under Sections 193 and 228 of the I.P.C. is required to be taken against Shri Jaykumar Shetty, Sr. Manager and Vijaya Bank. We therefore, direct the Registrar of this Commission to file a complaint in the Court of Metropolitan Magistrare, Esplanade Court, Bombay against Shri Jaykumar Shetty and M/s. Vijaya Bank, through its Chairman punishable under Sections 193 and 228 of the I.P.C. The Registrar is directed to approach the Public Prosecutor concerned to draft the complaint and take early step to present it in Criminal Court. Ordered accordingly. ___________________
N R Dash.. (Advocate) 12 December 2014
thank you for the detailed info.... These cases are increasing day by day & people are taking benefits of the gender biased law.....
Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com)) 14 December 2014
I am still looking for below two judgments on DECIDE PERJURY FIRST.
Volunteers please help me find the complete judgments of the below citations:-
Decision dated 25/01/2010 of the Punjab and Haryana High Court in CRA NO.197 SB OF 2010 (O&M), Sunny Bhumbla Vs. Shashi.
BOMBAY HIGH COURT CRIMINAL APPLICATION No.1115/07. (Para 7 & 8)
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 14 December 2014
@ anilcochin,
The answer of your question is "Yes but Civil in nature (Not 497 or 494 or 498A IPC in nature)" - That means if your wife can prove it then she can ask for divorce as per adultery ground of Hindu Marriage Act (HMA) section 13. Nothing else. So clearly this adultery is civil in nature. And if she files divorce then it is good for you.
So clearly if you have children in this relationship then also no problem. I believe this approach is a very good approach to stop these extortion rackets.
File and move your cases in-person.
Please also prepare for PIL when you will be retire from your job.
Enjoy your new life! Have fun! Good Luck!
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