D S DOCTOR
06 January 2011 at 14:05
under section 202 of cr.p.c. police had collected evidence,document and recorded statement of various persons behaif of magistrate,are admissible or Not?
2. above material collected can place as of records of court u/s 294 of cr.p.c ?
3. pl provide supreme court judgment also
anant kumar
06 January 2011 at 13:10
allegation against petioners is of giving farsa {sharp cutting weapon}blow upon head and hand of two injured persons who hav supported in trial as pws. however injury report of both injured shows simple injury caused by hard and blunt object.
thus ocular evidence of pws is completely falsified by medical evidence ,but still accesed have been convicted by both trial court and appellate court.
kindly cite any recent apex court judgement in favour of accused persons for their acc
Anonymous
06 January 2011 at 12:53
I have received Summons to appear before the trial court in February. I wanted to ask that what happens on the first date - are we required to submit our bail bonds and is the bail granted normally though its discretionary power.
I the husband was granted bail before but the other co-accused my family members are on stay arrest so when they appear on the first date is bail granted to them if the other side challenges on the grounds of any streedhan charges can it be rejected. I do not have any belongings of my wife only her clothes that they never collected but the chargesheet contains their statements on affidavit that I have thrown her out and all her belongings are with me and my family.
Please Advise.
insaniyat
05 January 2011 at 22:58
Dear All,
(Plesae visit my profile page to know my case history. thnx)
1. Me & my family members had been implicated in 498a and DV in year 2009.
2. She prayed in her DV affidavit to stop me from entering into her house (i.e. matrimonial house).
3. Based on false 498a and DV as well as her pray to court, it is clear that she is not interested to continue the conjugal relationship with me, therefore in counter I warned that I will take action as per Mohammaden law for this pray, but no one from her approached me, hence I divorced her through advocate by pronouncing Tallaq three times in one sitting and got Tallaq Naama from Qazi office. I got collected the Divorce Certificates from Waqf Board as well and the copies had been submitted to court.
2. During her DV cross examination, she accepted that I had given her divorce and it was recorded.
3. But during my cross examination, her lawyer could not find much to attack on me so he asked me that the divorce is illegal and it is not accepted. I said it is not true.
My questions are;
a) Could you plesae advice what are the consequences and effects on DV, of such allegations made by lawyer?
b) Can her lawyer now challenge the Divorce is illegal?
Thanks in advance,
regards
Anonymous
05 January 2011 at 22:16
is there any rulings for acquitting accused charged u/s 4(B)of tamilnadu prohibition of harassment of women act1998? sivakumar,advocate,aruppukkottai
Member (Account Deleted)
05 January 2011 at 21:43
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.nandkumarbs@sify.com
e.mail.advocatesawantnb@yahoo.com
498A, SECTION OF INDIAN PENAL CODE AND STEPS TO BE TAKEN TO PREVENT ARREST.
KINDLY NOTE THAT.
1.I AM A PRACTICING ADVOCATE AND HAVE SUCCESSFULY TACKLED SEVERAL FALSE CASES OF SEC.498A AND HELPED SEVERAL INNOCENT FAMILY MEMBERS INCLUDING OLD FATHER,MOTHER,MARRIED AND UNMARRIED BROTHERS AND SISTERS AND ALSO THEIR OTHER RELATIVES INCLUDING BROTHER IN LAW AND SISTER IN LAW OF HUSBAND.
2.KINDLY NOTE THAT I HAVE ALSO APPEARED IN SEVERAL GENUINE COMPLAINT CASES OF SEC.498A WHICH RESULTED IN SUCIDE OF VICTIM THE MARRIED WIFE OF ACCUSED.
3.THIS PARTICULAR SECTION 498A WAS ADDED BY AMMENDMENT TO THE INDIAN PENAL CODE .THE INTENTION WAS GOOD.TO PROTECT MARRED WOMAN FROM HARASSMENT FOR DOWRY.
4.BUT THE SAID SECTION 498A IS GREATLY MISUSED BY THE COMPLAINENT JUST TO TAKE UNDUE ADVANTAGE OF LAW PROVISIONS .IT CAN BE NOTICED FROM THE SEVERAL JUDGEMENTS OF THE COURTS.
5.KINDLY NOTE THAT A SIMPLE COMPLAINT GIVEN TO TAKE REVENGE OF SOME DISPUTE WITH TH HUSBAND ,BY WIFE AGAINST HUSBAND AND HIS ALL RELATIVES IN THE POLICE STATION IS SUFFICIENT FOR EAGERLY WAITING POLICE DEPARTMENT ENTHUSISTIC OFFICERS TO ARREST THE ENTIRE FAMILY OF THE HUSBAND.EVEN MARRIED AND UNMARRIED SISTERS AND SISTERS IN LAW OF HUSBAND OF COMPLAINENT(BROTHERS WIFE),(AND BROTHER IN LAW (SISTERS HUSBAND)
OLD SICK FATHER AND OLD SICK MOTHER AND ALSO GRAND PARENTS ALL WILL BE ARRESTED AND DUMPED IN THE JAIL JUST LIKE TEAM INDIA OF CRICKET TEAM.EVEN PREVIOUS CLEAN TRACK RECORD OF SAID FAMILY MEMBERS IS NOT TAKEN IN TO CONSIDERATION BY INVESTIGATING AUTHORITIES.ALL ARE HARASSED PHYSICALY ,MENTALY AND FINANCIALY.IRREPAIRABLE LOSS WILL BE CAUSED TO THE ENTIRE FAMILY FOR HELPING THE BOY GET MARRIED WITH THE SAID LADY.
6.THIS UNFORTUNATE INCIDENT HAS TAKEN PLACE IN CASE OF SEVERAL FAMILIES, IT WAS NOTICED BY EVEN LAW MAKING AUTHORITIES AND SUGGESTIONS WERE INVITED FOR IMPROVEMENT AND AMMENDMENTS.IMPARTIAL REVIEW OF SAID LAW PROVISIONS OF SECTION 498A IS NECESSARY.
7KINDLY NOTE THAT IT DOES NOT MEAN THAT THE SAID PROVISION IS TOTALY BAD,THE REAL ACCUSED SHOULD BE PUNISHED.BUT NO SINGLE INNOCENT PERSON SHOULD BE PUNISHED.
IT SHOULD BE MADE NONCOGNIZABLE OFFENCE AND COMPLAINT SHOULD BE FILED IN COURT AND PROPER HEARING SHOULD BE GIVEN TO THE CONCERNED ACCUSED AND THE SAID COMPLAINT SHOULD BE HANDLED BY SENIOR OFFICERS OF THE RANK OF DY.SUPDT OF POLICE AND THE MATTER BE REPORTED BACK TO THE COURT AND LET THE COURT DECIDE ON THE BASIS OF REPORT AND STATEMENT OF WITNESSES WHETHER THE PROCESS UNDER SAID SECTION OF 498A SHOULD BE ISSUED AND CRIME BE REGISTERED OR NOT AND THE ARREST OF SAID PERSON IS NECESSARY IN THE SAID CASE.
8 KINDLY NOTE THAT
THIS IS THE REGULAR PROVISION OF SEC.200 TO SEC.204 AND OTHER SECTIONS OF CRIMINAL PROCEDURE CODE AND ALSO CLEARLY MENTIONED IN SECTION 156 OF CRIMINAL PROCEDURE CODE.
OF COURSE THERE CAN BE SEVERAL OPENIONS FOR AND AGAINST THE SAID PROVISION OF SECTION 498A OF INDIAN PENAL CODE.LET THE EXPERTS CONSIDER AND DECIDE THE RIGHT CHOICE.
9 KINDLY NOTE THAT THE STEPS TO BE TAKEN FOR PREVENTING ARREST OF INNOCENT PERSONS IN COMPLAINT UNDER SECTION 498A OF I.P.C.ARE AS UNDER.
A.THE SAID PERSONS AND FAMILY MEMBERS WHO ARE NAMED AS ACCUSED SHOULD IMMEDIATELY APPLY FOR ANTICIPATORY BAIL TO THE DIST AND SESSIONS COURT/ HIGH COURT WITH THE HELP OF LEGAL EXPERTS AS POLICE MAY ARREST ALL FAMILY MEMBERS BY CALLING THEM FOR RECORDING THEIR STATEMENTS.
B.KINDLY NOTE THAT TILL THE ANTICIPATORY BAIL APPLICATION IS GRANTED BY THE SAID COURT ALL SUCH PERSONS NAMED IN COMPLAINT SHOULD SHIFT FROM THE RESIDENTIAL ADDRESS TO SOME OTHER PLACE AS POLICE MAY ARREST THEM THE MOMENT THE COMPLAINT IS FILED.
C.GRANTING OF ANTICIPATORY BAIL BY SESSIONS COURT/ HIGH COURT AND FURNISHING SURETY COCUMENTS TO THE POLICE STATION AS PER SAID ANTICIPATORY BAIL ORDER WILL SAFEGUARD SUCH PERSONS FROM ARREST.
D.LET COURT DECIDE THE FACTS ON THE BASIS OF STATEMENT OF WITNESSES AND EVIDENCE PLACED ON RECORD.OF COURSE COURT WILL ACQUIT INNOCENT PERSONS AND PUNISH THE GUILTY.HENCE NO INJUSTICE IS CAUSED TO THE COMPLAINENT.
E.THE INNOCENT ACCUSED PERSONS CAN FILE A WRIT PETITION TO THE HIGH COURT FOR STAY AND QUASHING THE FALSE COMPLAINT FILED AGAINST THEM UNDER SAID PROVISIONS.HIGH COURT WILL HEAR THE PETITIONERS AND CALL SAY OF STATE AND WILL DECIDE THE MATTER.INNOCENT PERSONS WHO ARE FALSELY IMPLICATED IN SAID COMPLAINT CAN BE ACQUITED BY HIGH COURT BY QUASHING THE SAID FALSE COMPLAINT AGAINST SUCH INNOCENT ACCUSED PERSONS.
IT IS SUGGESTED THAT IN CASE OF ANY DISPUTE BETWEEN HUSBAND AND WIFE ,THE CONCERNED SHOULD DISCUSS THE MATTER AND TRY TO SORT OUT DIFFERENCES IF ANY AND TRY TO SAVE THE MARRIED LIFE AND ALSO TRY TO SAVE FUTURE OF INNOCENT CHILDREN OF THE SAID FAMILY WHO HAVE TO SUFFER MENTAL TORTURE THROUGHOUT THEIR FUTURE LIFE.
GOOD LUCK.
KINDLY NOTE THAT ON THE BASIS OF EXPERIENCE THESE ARE JUST SUGGESTIONS FOR THE KNOWLEDGE AND INFORMATION OF ALL CONCERNED TO SAVE THEIR MARRIED LIFE.
KINDLY NOTE AND GIVE SUGGESTIONS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.WISH YOU ALL A VERY HAPPY AND PROSPEROUS NEW YEAR.GOOD LUCK.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.nandkumarbs@sify.com
e.mail.advocatesawantnb@yahoo.com
Anonymous
05 January 2011 at 21:43
Whether compounding has to be approved by complainant or if accused agrees to pay the cheque value, how the Court views.
Anonymous
05 January 2011 at 20:52
sir my friend chain was snatched away by a thief. later he was caught by police. The thief purchased a vehicle by the amount came by selling his chain and committed other theft offences on the same vehicle. Police recovered the vehicle and told my friend to get it release it from court. He approached lawyer, he says my friend cannot claim that vehicle. Please let me know how to proceeed for claiming that vehicle and any legal citations on it. Please give me details how to approach in the court
VIJAY KUMAR GUPTA
05 January 2011 at 16:40
one of my relative took a property loan from PNB before 4 to 5 years back and now he left out with his complete family and found that he took loan from more than 10 bankers on same property. Recently i came to know i am one of the guarantor in that loan while i am in doubt for the same as I visit only one time in that branch when my mother availed HOME loan facility but i never provided my documents as well as my photograph. But i was guarantor in my mothers home loan but it may be possible that manager has taken my signature on his loan document also. So what should i do in case as i did not receive any letter from bank except phone call that i am guarantor in his loan.
© 2026 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
u/s 406 , 498-a ipc
Hi!
there's a citation like if dowry list is not attached with the complaint/F.I.R. the 406 doesn't lies. i need that citation kindly help. kindly confirm if the list of articles given to the lady is not attached with the complaint.then what is the situation, whether 406 lies or not , if not then any citation in your mind kindly confirm