Avinash kumar seth
02 February 2010 at 14:29
court bari me from the above charges because complaints complaint is false and fabricated now next step what can i do
Anonymous
02 February 2010 at 11:38
Dear Lawyers,
You have advised me in the past and I thank you very much for your help.
It is the same case, not progressing at all. Here is a brief update.
My friend left her husband (in Bangalore) and moved to a small place close to Vizag.
She filed FIR in Bangalore in July 2008. She was toold by the lawyer that she should file it in Bangalore because that is where she lived before separtaion. She also filed for maintenance of children etc. He has not given her much money at all. After many appearances in the court, my friend has achieved nothing, except the travelling expenses and all the emotional trauma and anxiety and fear.
When she wanted to withdraw the case, the lawyer told her that she cannot withdraw, because it can then turn against her.
She is without money and now cannot travel from Vizag to Bangalore frequently. Often she is called to the court and when she reaches the court, she gets told that the husband had asked for a later date and therefore the case has been postponed to a later date. her travelling is all in vain. This has happened far too many times. They are all taking advantage of her vulnerable position, knowing that she has no strong support of men (no father, borthers or relatives), nor does she have financial support. It is cruel to take advantage of a helpless woman. In addition, she has no one to support her or guide her. Her lawyer I think is very corrupt, who is supporting and take sides with the husband instead of my friend. this is all very unfair and very distressing to my friend and her elderly mother and two small children.
I fear for her mental state due to this extreme stress and tension and pain. All this stress is already having a bad effect on her physical health.
It appears that no justice will be done to my friend. It is very unfortunate. Is it possible to get the case transferred to Vizag? What is the procedure? Can her lawyer stop this from happening? Can you suggest a good, honest, compassionate lawyer in Vizag? Could any lawyer take this up on compassionate grounds and take personal interest to resolve this case?
And if a transfer is possible, will the case start from the beginning all over again?
Please help.
Thanking you and God bless you all.
Grace
Advocate.S.A.Siddiq
02 February 2010 at 10:38
The Hon'ble JM at Tamilnadu declared the three mumbai based accused as a P.O. , the order of P.O. sent to Police commissioner of Mumbai. ( 90 days back) still P.O. not arrested by the police, but accused are living near Commissioner office .. in this position what next...?
Advocate.S.A.Siddiq
02 February 2010 at 10:32
The Hon'ble JM at Tamilnadu passed the order u/s 83 of Cr.P.C for property attachement of Proclaimed offender to the Delhi Metropoliten Magistrate , 2 months back. Still this order not execute by Metropoliten magistrate .. in this position what next ...?
Advocate.S.A.Siddiq
02 February 2010 at 10:27
The Hon'ble J.M - Tamilnadu issued NBW against Delhi based accused on 2months before. Still NBW not execute by Delhi Police Commissioner , NBW directing to execute Delhi Police Commissioner. No report was filed or send to JM . In this position what next action .....?
Member (Account Deleted)
02 February 2010 at 10:20
thanks experts to resolving our queries.
sir,
If a prosecution witness whose name is in witness list but not appeared before court as a prosecution witness, after closing the prosecution evidence n after statements of accused under section 313 Cr.P.C. the defence council prodused him as a defence witness. After examination chief , whether the prosecution can contradict from his previous statements taken during investigation under section 161 Cr.P.C.
Anonymous
02 February 2010 at 10:19
R/Expert & Mambers,
In the Gram Panchayat meeting one member assualt the deputy sarpanch while meeting was heded by Deputy sarpanch My question is sec.353 of would attract or not? Whether the Deputy Sarpanch is public servant as per Maharastra Gram Panchayat Act?
Anonymous
02 February 2010 at 04:03
Dear Lawyers,
You have advised me in the past and I thank you very much for your help.
It is the same case, not progressing at all. Here is a brief update.
My friend left her husband (in Bangalore) and moved to a small place close to Vizag.
She filed FIR in Bangalore in July 2008. She was toold by the lawyer that she should file it in Bangalore because that is where she lived before separtaion. She also filed for maintenance of children etc. He has not given her much money at all. After many appearances in the court, my friend has achieved nothing, except the travelling expenses and all the emotional trauma and anxiety and fear.
When she wanted to withdraw the case, the lawyer told her that she cannot withdraw, because it can then turn against her.
She is without money and now cannot travel from Vizag to Bangalore frequently. Often she is called to the court and when she reaches the court, she gets told that the husband had asked for a later date and therefore the case has been postponed to a later date. her travelling is all in vain. This has happened far too many times. They are all taking advantage of her vulnerable position, knowing that she has no strong support of men (no father, borthers or relatives), nor does she have financial support. It is cruel to take advantage of a helpless woman. In addition, she has no one to support her or guide her. Her lawyer I think is very corrupt, who is supporting and take sides with the husband instead of my friend. this is all very unfair and very distressing to my friend and her elderly mother and two small children.
I fear for her mental state due to this extreme stress and tension and pain. All this stress is already having a bad effect on her physical health.
It appears that no justice will be done to my friend. It is very unfortunate. Is it possible to get the case transferred to Vizag? What is the procedure? Can her lawyer stop this from happening? Can you suggest a good, honest, compassionate lawyer in Vizag? Could any lawyer take this up on compassionate grounds and take personal interest to resolve this case?
And if a transfer is possible, will the case start from the beginning all over again?
Please help.
Thanking you and God bless you all.
Grace
Member (Account Deleted)
01 February 2010 at 21:34
sir, namaskar.
In Indian Penal Code section 304 B and 498 A inserted by central government after so many year of independence i.e. 1986 & 1983. In IPC the defination of each important word is define in general explanations i.e. section 6 to 52 IPC. but surprisingly the word " Relative of her husband" which has been used in section 304 B & 498 A IPC not at all define in genral explanations. here is a problem arises that brother in law is also a relative of husband. so if a brother do cruelty with her married sister then whether he is responsible of offence under section 498 A IPC? COZ, HE IS RELATIVE OF HUSBAND. please answer ths query.
thanks
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False complaint by wife
Dear Experts,
My wife filed a false 498a case in yr 2006 and on sep'2009 at the time trial she was been a hostile as we paid her and made agreement for divorce also.In between my filed case stating that three persons attacked her with blade and she was wounded,They called me several times and i attended honestly & cooperated for enquiry,i submitted all proofs that iam away from my house and from place of incident.Now after 6 months ,police calling me that they will arrest even if they are not having any evidence.Pls help me for this query.
what steps can we take to avoid this arrest and if they send to court ,what actions can we take on my wife for this false complaint? and lastly what cases can we file on police?any other remedies pls suggest.
Regards,