Ajay Kumar Reddy
15 January 2011 at 13:57
In my case My wife has given Affidavit has submitted with her complaint application. In my 498A case is actually it is revengeful action. I have applied Divorce case due to harassment I have applied divorce on the basis of cruelty. At that time i was not in home and she has broken the lock & entered in my purchased home. I have given complaint to Police that my wife is entered in my house forcefully; She is not ready to give me my valuable items and documents also. But Police has given me 155 letter, in that letter police has mentioned that she is not ready to give any documents & items also.
Then applied one complaint case IPC406 under sec. 200, That case is registered against my wife & their parents. Court has given the “Jamanati Warrant” against them and it is received on 7th May 2008 by them. Then she has given the application of 498A against me & my parents. Their parents and she has done criminal conspiracy, they have attacked by 498A and legally terrified me and my parents.
In this application one affidavit has given that is notarified Seal & sign by Notary on 9th may 2008 from Raipur but my wife has signed on 22nd May 2008. In two places she has not signed but one place she has signed, She has written two lines by hand written on that affidavit but Notary has not seal and sign on that hand written matter. My case is registered on Durg which is 48 Km far away from the Raipur (C.G.)
When we have taken the evidence of my wife we asked at which date u have taken the Notary Seal and sign on the affidavit, she told that it is on 22nd May 2008, At which place she has notrified this affidavit then she told that it is on Durg, Court only and she told that on that day Notary has come from Raipur to Durg. When we have showed her that affidavit then she changed her version that affidavit seal and signed on 9th May 2008, It is signed in Raipur when we showed that the place it is verified on Raipur then she changed her version. In this affidavit she has mentioned that one of her supporter evidence (Rashmi Chauhan) has also given one complaint letter to the Police against me. She is accepted in front of Judge. When Rashmi Chauhan has come at that time we asked same qu. With her then she denied that she has not given any complaint letter to Police against me. In that affidavit she is also mentioned that on 9th May 2008 one application has given to the SSP, Durg. First she accepted that one application has given but when we showed that the complaint letter which is attached with affidavit the date is 22nd May 2008. Then she was telling I don’t know where it is? I have taken out the RTI report from SSP, Durg any complaint letter was given by my wife on dated 9th May 2008. They have replied no complaint letter has received from SSP office or SSP. When I/o (Lady Inspector who investigate) has come for giving the evidence when we asked whether this affidavit submitted by u, then at that time has told yes. Then we asked have u checked each & every documents also Then she told yes. Have u checked the affidavit then she told yes. Then we asked in this affidavit notarify on 9th may 2008 then where is the complaint letter of 9th may 2008. Then she told only this application & along with affidavit my wife has given her. Then we asked when u verified and u checked properly and u have seen the 9th May 2008 seal & sign by Notary then u have taken out the letter of 9th may then she denied.
I have applied 340CRPC against my wife under sec. 191, 192,193, 195 and 467.
My qu. Is :-
1. That affidavit, is false, mistaken & tampered also. Tampering because she has written two lines without permission of Notary & Notary has not signed on that hand written lines. So above section is perfect or any other section of 340crpc is for false evidence, false affidavit and tempered affidavit. There is chance of getting the punishment to her (My wife).
2. In this evidence it is also cleared that I/o has done some wrongful action against me. She has not followed norms & investigation properly also. Weather she will get punishment for her careless duty? Under which section i will apply for her then she will get punishment on this matter.
3. DPO (Divisional Public Prosecutor) has submitted this case infront of the Judge and he has not told to the Judge the abnormalities of the paper, he has not done his duty honestly. Then how he will punish for his act & carless for job. Otherwise may be possibility we will discharge immediately when the case was submitted infront of the Judge. So please suggest how he will get Punishment under which section?
4. Notary has also not done his work honestly, in first glance that we can under that this affidavit is seal and signed but my wife is not present or she has taken blank affidavit from Notary, then how he will get punishment on this matter. He has not followed any law then under which section he will get punishment & How he will get punishment?
5. My Parents and my wife has done criminal conspiracy against me and my parents, because when My Father in law has given the evidence that time he accepted that there was no Dowry demand from our side before marriage and after marriage also. Then we asked u got Jamanti warrant under section IPC 406 on 7th may then he accepted and he told that when I received that warrant I feel very much bad. Mean after telling by this it is cleared that they have taken revenge from me & my parents by their criminal conspiracy and for legally terrified to us they have given the application and used 498A against us. So how they will punish for that please suggest me.
I will be very much thankful if all experts give me suggestion on this matter because Police has arrested me & they have handcuffs me, they forced me to walk upto court when i have not done any mistake or nothing no physical abused no mental tortured to her but she tortured to me & I got divorced from Family Court, Durg. Then she applied appeal to HC also, again I was won there. So U think for my defame, attack on me and my parents prestige so my humbly request when all the system is corrupt then why they will not get punishment and may be it is possible by your valuable suggestion only.
Ajay Kumar Reddy
Raipur
Chhattishgarh
Anonymous
15 January 2011 at 13:11
Hi,
I wanted to lodge a private criminal complaint. For that purpose i need format for the same. Please provide the same.
Regards
Hemant
Anonymous
15 January 2011 at 12:56
respected sir/madam
sir after interim order passed in court in how many days one can apply in higher court for appeal.
there is any limited period for appeal in higher court.
thank you in advance
Pratap Kolte
15 January 2011 at 12:35
can the magistrate take cognigence of complaint against police officer after six month of incidence ref;mumbai police act s 161
Legal_Query
15 January 2011 at 12:30
res.all,
my client received financial aid through inter corporate deposit (ICD) from MP State Industrial Development Corporation and gave cheques against the said aid. can MPSIDC in its own capacity sue my client under 138 NIA. any defense/ case law in my client's favour.
rgds
G.Nagi Reddy
15 January 2011 at 11:37
Dear sir,
i debted to a person and issued a Blank and post dated cheque signed by a person who is a cheque holder. but that person was died about 1year back. that account is joint account and at that time his wife also signed on that cheque and promissory note. now she is alive.
my question is can i file N.I.ACT and note a date on empty cheque before one month back only on the basis of her signature because that account is joint account.there is any difficulty in the case. please proper advise and refer proper citations regarding there.
Anonymous
15 January 2011 at 10:46
I am appearing before the trial court in 498A charge case next week first time. I have already secured bail but will be securing bail for my parents on appearance.
1.The other side will definately object bail for my parents- that they did for my bail application. Please suggest will it be difficult to secure the same when we appear on the first date when we appear as per the summons issued by court.
2. Do we need to carry the surety's on the same day. If bail is granted would those need to be submitted on the same day.
3. Is there any other proceedings that take place on the first day or its just that we need to secure bail.
Please suggest.
Anonymous
15 January 2011 at 09:15
when do we can call the criminal proceedings are pending in a court of law? like if the fir is lodged orif the investigation is going on or if the cognizance is taken or charge is framed?
kindly provide the citations of case laws if any ?
Anonymous
14 January 2011 at 23:51
Ld counsels,
When a complaint contradicts his own statement in the FIR is he not liable for prosecution for the charge u/s 199 of IPC.
(False statement made in declaration which is by law receivable as evidence)
Why cant the accused take that objection that the complainant has made false statement in FIR and he should also be charged for the offense u/s 199. What will be the outcome of such a stand.
Kindly give a legal definition, bocs an accused is innocent until proved guilty and the false statment in FIR need not wait for that stage of trail to get apppreciated and accused is set to liberty once the complainant's malafide is proved.
Devnandan Sharma
14 January 2011 at 22:02
When an accused has to face an inquiry into a charge against him, whether he is entitled to know the person who has leveled the charge; and whether he is entitled to cross-examine the said person in order to deny his guilt and prove his innocence. If no person comes forward to claim that he has leveled the charge against him, what would be the fate of the inquiry?
My 498A case Please help me it is on Judgement Time
In my case My wife has given Affidavit has submitted with her complaint application. In my 498A case is actually it is revengeful action. I have applied Divorce case due to harassment I have applied divorce on the basis of cruelty. At that time i was not in home and she has broken the lock & entered in my purchased home. I have given complaint to Police that my wife is entered in my house forcefully; She is not ready to give me my valuable items and documents also. But Police has given me 155 letter, in that letter police has mentioned that she is not ready to give any documents & items also.
Then applied one complaint case IPC406 under sec. 200, That case is registered against my wife & their parents. Court has given the “Jamanati Warrant” against them and it is received on 7th May 2008 by them. Then she has given the application of 498A against me & my parents. Their parents and she has done criminal conspiracy, they have attacked by 498A and legally terrified me and my parents.
In this application one affidavit has given that is notarified Seal & sign by Notary on 9th may 2008 from Raipur but my wife has signed on 22nd May 2008. In two places she has not signed but one place she has signed, She has written two lines by hand written on that affidavit but Notary has not seal and sign on that hand written matter. My case is registered on Durg which is 48 Km far away from the Raipur (C.G.)
When we have taken the evidence of my wife we asked at which date u have taken the Notary Seal and sign on the affidavit, she told that it is on 22nd May 2008, At which place she has notrified this affidavit then she told that it is on Durg, Court only and she told that on that day Notary has come from Raipur to Durg. When we have showed her that affidavit then she changed her version that affidavit seal and signed on 9th May 2008, It is signed in Raipur when we showed that the place it is verified on Raipur then she changed her version. In this affidavit she has mentioned that one of her supporter evidence (Rashmi Chauhan) has also given one complaint letter to the Police against me. She is accepted in front of Judge. When Rashmi Chauhan has come at that time we asked same qu. With her then she denied that she has not given any complaint letter to Police against me. In that affidavit she is also mentioned that on 9th May 2008 one application has given to the SSP, Durg. First she accepted that one application has given but when we showed that the complaint letter which is attached with affidavit the date is 22nd May 2008. Then she was telling I don’t know where it is? I have taken out the RTI report from SSP, Durg any complaint letter was given by my wife on dated 9th May 2008. They have replied no complaint letter has received from SSP office or SSP. When I/o (Lady Inspector who investigate) has come for giving the evidence when we asked whether this affidavit submitted by u, then at that time has told yes. Then we asked have u checked each & every documents also Then she told yes. Have u checked the affidavit then she told yes. Then we asked in this affidavit notarify on 9th may 2008 then where is the complaint letter of 9th may 2008. Then she told only this application & along with affidavit my wife has given her. Then we asked when u verified and u checked properly and u have seen the 9th May 2008 seal & sign by Notary then u have taken out the letter of 9th may then she denied.
I have applied 340CRPC against my wife under sec. 191, 192,193, 195 and 467.
My qu. Is :-
1. That affidavit, is false, mistaken & tampered also. Tampering because she has written two lines without permission of Notary & Notary has not signed on that hand written lines. So above section is perfect or any other section of 340crpc is for false evidence, false affidavit and tempered affidavit. There is chance of getting the punishment to her (My wife).
2. In this evidence it is also cleared that I/o has done some wrongful action against me. She has not followed norms & investigation properly also. Weather she will get punishment for her careless duty? Under which section i will apply for her then she will get punishment on this matter.
3. DPO (Divisional Public Prosecutor) has submitted this case infront of the Judge and he has not told to the Judge the abnormalities of the paper, he has not done his duty honestly. Then how he will punish for his act & carless for job. Otherwise may be possibility we will discharge immediately when the case was submitted infront of the Judge. So please suggest how he will get Punishment under which section?
4. Notary has also not done his work honestly, in first glance that we can under that this affidavit is seal and signed but my wife is not present or she has taken blank affidavit from Notary, then how he will get punishment on this matter. He has not followed any law then under which section he will get punishment & How he will get punishment?
5. My Parents and my wife has done criminal conspiracy against me and my parents, because when My Father in law has given the evidence that time he accepted that there was no Dowry demand from our side before marriage and after marriage also. Then we asked u got Jamanti warrant under section IPC 406 on 7th may then he accepted and he told that when I received that warrant I feel very much bad. Mean after telling by this it is cleared that they have taken revenge from me & my parents by their criminal conspiracy and for legally terrified to us they have given the application and used 498A against us. So how they will punish for that please suggest me.
I will be very much thankful if all experts give me suggestion on this matter because Police has arrested me & they have handcuffs me, they forced me to walk upto court when i have not done any mistake or nothing no physical abused no mental tortured to her but she tortured to me & I got divorced from Family Court, Durg. Then she applied appeal to HC also, again I was won there. So U think for my defame, attack on me and my parents prestige so my humbly request when all the system is corrupt then why they will not get punishment and may be it is possible by your valuable suggestion only.
Ajay Kumar Reddy
Raipur
Chhattishgarh