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Anonymous   31 October 2009 at 17:28

false 498a case



498a filed in 2003, wife falsely alleges that the husband beat her in a paying guest apartment where she was staying , police size the articles like fridge washing machine etc form husbands house and book a case, husband sent to judicial custody for 6 days. The IO ( police ) registers the false case.

Husband wins the interim custody of articles by producing credit card bills and the wife does not challenge the interim order.

Wife also files a false case of divorce citing the 498a case where the address of the PG is given.

Now all complainant witness examined and the defense witness is the owner of the apartment where the alleged incident took place. In fornt of the court the apartment owner says he never ran any PG accomodation, he does not know the police filed a case and his house address is used and he does not know the complainant ( wife)

Final arguments are pending.

Questions:

1) Is it malicious persecution, giving false evidence, common intent etc?

2) criminal conspiracy by the wife, witnesses and police against the accused

3) As the address and the events of assault at the apartments have no standing because the apartment owner has come to court and said they are false.

4) Does IPC 120. Concealing design to commit offence punishable with imprisonment apply

5) Does Section 182 in The Indian Penal Code - False information, with intent to cause public servant to use his lawful power to the injury of another person apply

6) Does Section 196 in The Indian Penal Code - Using evidence known to be false apply

7) Does IPC 201 Causing disappearance of evidence of offence, or giving false information to screen offender

8) Does IPC 211 False charge of offence made with intent to injure apply

9) Does IPC 218 - Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture apply on police

10) Does IPC 327 - Voluntarily causing hurt to extort property, or to constrain to an illegal to an act.

11) Does IPC 347 - Wrongful confinement to extort property, or constrain to illegal act.

12) Does IPC 355 - Assault or criminal force with intent to dishonour person, otherwise than on grave provocation apply

13) Does IPC 420 - Cheating and dishonestly inducing delivery of property apply

14) Does IPC 424 - Dishonest or fraudulent removal or concealment of property.

15) Can IPC 500 - Punishment for defamation.-- Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.

16) Does PIC 343 - Wrongful confinement for three or more days.-- Whoever wrongfully confines any person for three days or more, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

17) Does IPC 177 - Furnishing false information apply

Please help if you have any judgments and what relief can I ask for to the court as the trail ran for 6 years on this false allegation which can be proved beyond reasonable doubt by the strength of the flat owners statement. I just need your expert second opnion.

cs   31 October 2009 at 15:46

negotiable instruments act

Does NEGOTIABLE INSTRUMENTS (AMENDMENT AND MISCELLANEOUS PROVISIONS) ACT 2002 is effective

cs   31 October 2009 at 12:46

negotiable instruments act

what is the time period allowed to drawer u/s 138 for making payment.


what will be the date of starting prosecution if the notice of dishonour of cheque was received on 20/09/2009 and the company has issued notice on 10/10/2009

Vijay Kumar   30 October 2009 at 22:50

Police Harassment

Police is pressurising by way of illegally detaining the vehicles at the instance of politically sound creditors.The complint to the District police chief was futile. Please advise the remedy. Regards.

Sumir   30 October 2009 at 22:32

obscinity/vulgarity- NC or FIR

I had filed a complained of obscinity or vulgarity in public.Police filed NC.
1. Is police justified in filing NC and not FIR. If it should be FIR, then under which IPC.
2. How to procede with NC?
3. Fees payable to court for investigation in NC case
4. After how long it is allowed to approach court after filing NC, since it is almost three years, the NC was filed?

vinod bansal   30 October 2009 at 22:31

valueable security defination

R/Members
what is defination of valueable security in context of sec 467/468 IPC etc.Police has registered a FIR in connection with manufacturing of spurious ghee and sale of this adultrated ghee in the name of branded companies,police has recovered empty boxes (DIBBE)of branded ghee companies, is it covered under sec 467/468/471 IPC.Please advice.Regards

Dinkar Vidyarthi   30 October 2009 at 15:49

whether a complaint case can be withdrawn by complainant

Dear Sir,

I am facing a complaint case under section 200 of Cr.Pc for bailable offence.
my query is that can a complainant withdraw his complaint after showing a reasonable ground. it is pertinent to state here that complainant in my case is state( Drugs Office). if so, please state the provision and ruling regarding to my query

Priyanka mehta   30 October 2009 at 14:37

498A of IPC

if a lady wants to lodge a complaint U/S 498A of IpC where she can lodge the same? In which police satation? whether she can lodge complaint where she is currently residing

VIJAYA SATHYA   30 October 2009 at 11:10

SERVICE OF SUMMONS

dear sir

I am a lawyer practising IPL.By the by

I am an A-2 u/s.506-(1) and on bail.The H`onable court issued the first summon to A-1 & A-2 to apper before the court on a specified date. But I was not in my house at the time of service of summon and also my family member not signed the summon as a token of acknowledgement.

my query is
* Would they cancel the bail & issue a arrest warrent immediately by not responding the first summon

* Or would they issue a second service of summon

kindly clarify as I am very much worried
Since this is the first case against me, I dont want to share this issue with my immediate collegue members( They respect me a lot)

Awaiting your speedy response & Thanks

R.Vijaya Sathya., M.Com.,M.A.,B.L.,