Anonymous
23 December 2011 at 10:45
On 8th November, my wife's brother in law and brother came to our house and took her under the pretext that her grandmother is in critical condition and her mother is also not well. My family allowed her to go. They promised to bring her back after 2 days. After 2 days when I called to check when she is coming back, she refused to come and said will let me know when she wants to come. After 3 days I was searching my cufflinks in the cupboard when I realised that all the gold jewellery including mine was missing. I called my wife to check whether she has taken it with her and she acknowledged that she had taken it with her as there were few weddings also which she wanted to attend. I felt that there is something wrong. After 10 days from the date she left I called her and said i am coming to take her back. She refused. Then i consulted a lawyer and he said to send a notice to her to come back. So after 16 days from the date she left I sent her a notice to come back within 5 days. I also mentioned that she has taken the jewellery without informing me and my family. I also submitted a copy of the notice in my local police station and got it stamped by them. On 4/12/11 I received a notice from her accusing us of harassment, cruelty, torture for dowry and various other baseless allegations like my younger brother is a black magic expert. allegations like we were trying to kill her. She threatened that we are guilty of crimes under Sec498A, Sec.406, DV Act. She also accused us of stealing the jewellery with a duplicate key and that now we are trying to misappropriate the same. we immediately applied anticipatory bail for my father, mother and younger brother and the Magistrate granted the same. I could not apply for AB as I was out of town when we received the notice. They had given 7 days time to us to return all the customary gifts and her personal belongings or else they will take legal action against us. After 7 days my wife started messaging me. She also tried to call but I didn't take the call as my lawyer had advised not to talk to her. Now she has sent a message stating that she is pregnant.
Please advise me as to what steps I should take now. What are the risks if I take her back in the house. What if she comes back and then her father files a 498A case.
Is there any procedure where she can give a bond of assurance to us that she will not file any case against us and will that bond of assurance be valid in the court of law if she or her family files a case against her after I take her back. If she gives a statement in court or our local police station that all her allegations were false, will that help us in future. Please reply as I am very tensed.
Anonymous
22 December 2011 at 23:58
pls advise if below explaination on 498a.org is correct.., specially where it says " if the women complain yet again...
1) What is Domestic Violence Bill ?
Ans: Domestic Violence Bill is a Bill that provides all women in the domestic relationship, whether marriage or live-in, a right to seek legal action against her male partner if she perceives her male partner's conduct is a form of domestic violence. If the complaint is lodged, a protection officer, predominantly a female, will pass restraining orders and give a second chance to reconcile. If the woman complains yet again, the male partner, irrespective of his family background and social status, will be convicted with one year imprisonment and fine of Rs. 20,000/- without any further enquiry..
Yogesh Saxena
22 December 2011 at 23:14
Sir,
i have a question. that i have applied for discharge my client from ipc 307 under section 239 crpc for an fir against him by police but i learn that in crpc 300 it says that another charge can be framed against the person so discharged unless and until it is not a acquittal. it means that if i discharge him from ipc 307 then the court can still frame charge against him under ipc 324. please help me. if it is so it will be a waste of energy..
thanks you sir.
MUKUL SHARMA
22 December 2011 at 21:49
In which provision of Cr.P.C.,a police officer can release an accused on bail in non bailable and non cognizable offence.
Anonymous
22 December 2011 at 20:07
Does anyone have the format/sample of the application to be made u/s 319 of Cr.PC ?
Please do share.
Anonymous
22 December 2011 at 19:32
rispected sir,
is there any citetion like2004-2-dcr-525 on the topic of demand notice in N. I. Act. can court cosider any comunication and demand of the dishonour of cheque like fax, email, sms, police application ?
i want to help about this point. in the above citetion not clear about the any comunication and demand of the dishonour of cheque.
Anonymous
22 December 2011 at 19:01
A counter in-charge for speed post of a post office has purposely entered absolutely false address of addressee in computer while booking the speed post when the sender gave him a short note containing the short but sufficient address of the addressee and the sender for the entry in computer so that the receipt of the speed post can be used as valid “postal proof of mailing”. The said official also callously argued with the sender and said that “I will enter the information as per my convenience”. He further said that “This address on receipt has no meaning, the only speed post number is important”. The said SPEED POST and the receipt of SPEED POST, as a valid postal proof of mailing, are extremely important for the sender for legal purpose.
As you all know that for first appeal under RTI Act, 2005 the postal proof of mailing is essential required for submission.
My queries:-
1. What action can be taken against this official?
2. Will it amount to forgery against the official?
Anonymous
22 December 2011 at 17:39
In a criminal case u/s 294 & 506 (i), I.O. & M.O. have not been produced by Prosecution despite 3 years of the case trial. Can Defense Lawyer seek quashing of the case on this ground?
Tks.
Anonymous
22 December 2011 at 17:24
Dear Sir,
In DVC case, almost all the facts are false and she lied such as; she said she is unemployed while she earn, later she accepted that she is earning. She denied abroad visit but later accepted upon showing Visa evidences in court. She submitted fabricated rent receipt and I challenged then court not accepted her rent receipt and she admitted her fabricated evidence. Finally she said in court that her in-laws never came to matrimonial home but she filed so many false allegations against her in-laws (my mother and sister).
1. Will all the above facts falls under perjury?
2. Is it safe to file Sec 340 on her or any other option to counter?
3. Using section 340 will benefit me to fight 498a?
Please advice.
Thank you
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Pvt complaint under sec 200 crpc.
one question
For Filing a criminal complaint , whether locus standi is required to file this complaint or any person can file a criminal complaint even he is not an affected party.
some judgment if possible pls.
Regards
Chandan