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(Guest)

Criminal conspiracy against me by forging my documents

I m currently in a lawsuit filed by me against my wife seeking divorce where i have annexed some proof of cellular sms and letters that she sent to me over years during our married life .

 

               To counter this,she did two things-

1.She filed a criminal complaint against husband(me) with SSP,ghaziabad alleging that husband conspires through mala-fide use of technical gadgets like cellular phone,computer etc and has tried and will try to kill her .(Police hasn't taken any action so far because we pulled sm strings)

2.She  obtained a new cellular connection using my documents namely ''driving licence'' and PAN CARD.Using this she sent me scores of text messages urging me to withdraw divorce suit and describing how she misses me in bed and showering love.BASICALLY she would prove that i usually get duplicate phone connections and text sms to myself on her behalf.So by deductive reasoning....all my mobile phone evidence becomes ineffective against her in the ongoing divorce case.

                               I would like to know if i have a strong criminal case against her under IPC and cyber crimes statutes......if yes...under what sections and how much punishment is there.Last but not the least.....i have obtained CAF which an applicant fills to obtain a new mobile phone connection and the handwriting and signature are not mine ,rather done by someone on my behalf.



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 8 Replies

Tajobsindia (Senior Partner )     31 May 2011

@ Author

Nothing of all written will help your case 1

1. File an S. 151 CPC Application calling for both Cellphone Company authorized person as Witness with last 3 years incoming / outgoing records along with CELL TOWER LOCATION.
Reasoning (read as illustration): As you claim that she got a SIM issued on your name and doing a reverse hawabaazi then in that situation suppose if she lives in 
Model Town and you in Gaziabad then it is obvious that she will not be standing under your balcony and sending you all those love messages ! Right. So once the Official reports before concerned Court as witness from the list of calls select those dates when she called using this new SIM card and ask the witness to point to cell tower location of each one of them. It is very interesting believe me to demolish all her innocent theories. If cell tower locations point to her place then all her above hawabazee goes for a toss during argument stage and she will remember you for this forever.


2. File an Application before Magistrate Court U/s 156 (3) CrPC and pray for prosecuting her under S. 199 / 420 / 468 / 471 IPC for committing forgery. Offcourse little groundwork you need to do to establish such charges.

 

1 Like

(Guest)

But sir she took this number only 15 days before and sending only SMS.....never call....


(Guest)

so is it possible to locate the SMS location??

Tajobsindia (Senior Partner )     31 May 2011

1. YES.

1 Like

(Guest)

Thanks a lot sir.....


(Guest)

@Gaurav Bansal,

Was curious if following suggestion would help you ,

Call up service provider and tell this number has been taken by providing wrong proof and you are not holding it. Service Provider would block the sim card immediately.

Do you have any call recording which was done near by dates on which you had got SMSes (which you are trying to use as evidence). Probably these two can be linked and presented that she actually hold that SIM at that point of time.

 

 



1 Like

(Guest)

thanx for a fitting reply.

Plz also clarify what criminal case do i have in the area of her attempt to falsely charging me with intent of murder.please answer in view of following

1.She filed a complaint with SSP,ghaziabad.....sending copies to PM,president,NHRC,CJI....ETC.Herein she alleged that i have and will try to kill her

2.Now i have enough evidence in terms of CELLULAR company's CAF,CDR( call details record) of number issued by her in my name as well as her personal number and it can be proved beyond reasonable doubt that both were operating under same roof as both have same MObile tower location numbers ata particular time and a mobile phone instrument was interchangeably used by both the numbers.............hence she possessed both sim cards,i.e. hers own and the one purportedly issued in my name.

 

3.INERESTING QUESTION IS...Although i can charge her fabrication,impersonation etc...........but can i charge her of ''falsely charging me with murder'' and can this attract Sec 211,IPC......(or anything harsher if u suggest)

                                              Getting a number issued in my name and sending me love and s*x-seeking messages is enough to prove that her complaint with SSP was frivolous,malicious and mala fide?Because she can always defend by saying that yes she committed a crime of  obtaining phone number illegally but nurder intent allegation is still valid and bona fide as she was just  trying to lure and tempt me out of my desire to harm her and hence it was her attempt to keep a murderer at sugar candy. 

 4.Would it matter that her complaint ,though noted upon and marked for investigation to an IO ,was never  converted into an FIR against me by the police and no action was yet taken till my filing against her U/S 211 or another u suggest.

                               kindly reply otherwise my hard work will go down the drain as no lawyer is having adequate knowledge in ghaziabad.Please reply ASAP.....i gotta file this by tomorrow evening. i file with court or police?

Tajobsindia (Senior Partner )     01 June 2011

@ Author

Only one que.

1. Did you get "officially" CAF n CDR  ?
If not then they are fabricated !.


For your other queries;
1. Come to SIF Meetings in Delhi I will help you. Find about SIF on internet and its meeting spots. BTW, there is nothing called 'expresso service" in public 'internet' forums. However I personally appreciate your legal self studies and queries raised thereto.
2. Mind it majority of various Lordships rose through ranks from UP cadre and further calling my fellow ld. Advocates brothers from UP having 'lesser knowledge' is not the right way to address Advocates in public forums. They may be silent in minority communication wise here but they are perhaps the best in asked types of 'charges' :-)


May be you have not found the right lone ranger yet.
Reasoning: Law is not all about 'academics' it is ticklish about slight 'criminal bent of mind' too as persuasive logics before Bench :-) develop that you will hit the bulls eye very soon.


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