No advocate is willing to take up my case in criminal court.

This query is : Resolved 
 

(Querist)
01 May 2018

Respected Sirs and Madams,

I have been defamed in an affidavit filed by the OP party who is a Law College in Bangalore City in a Consumer Forum case against the college which I filed stating deficiency of service as college never started the classes and only took money,

The false allegations in the affidavit which the opposite party college authorities are baseless and the opposite parties have not provided any proof of the same.
When asked to the consumer fora president, he has told to file a criminal complaint in regular court regarding the false accusations made in the affidavit.

I have enquired with many advocates in Bangalore.
What they say is:
HOW CAN WE FILE A CASE AGAINST OUR OWN PEOPLE?
WE CANNOT MAKE THE COLLEGE AUTHORITIES CLIMB INTO WITNESS BOX AND CROSS EXAMINE.
SOME ADVOCATES SIMPLY REFUSED HEARING THE NAME OF THE COLLEGE.

SOME ADVOCATES SUGGESTED I FILE THE CASE MYSELF AND FIGHT IT.

In this case would it be advisable for me to publish an advertisement stating the above asking any advocate to take up my case in local newspaper?

Is this the only reason advocates not willing to take up my case? Do not advocates really want to help me get justice??

Any inputs and solutions will be of much help from LD ADVOCATES and Alike.


Siddharth Jain (Expert)
01 May 2018

It's better you go for perjury, rather than defamation as that is really difficult to prove in court.
You can contact me at isidjain1@gmail.com.


Consumer Complainant (Querist)
01 May 2018

Dear Mr Jain,

Appreciate your reply. You have provided your email ID. I have sent the same story to your email ID too. It will be grateful of you, if you can tell whether you are from Bangalore. And if yes, Will you take up my case?



Guest (Expert)
01 May 2018

First of all, it is hard to believe if lawyers refused to take up some case, as they are often more than willing to take any type of case, may that be beyond their reach to prove.

Secondly, if no lawyer takes up your case and you believe to have been defamed, you can fight your own case. Good opportunity to demonstrate your talent to teach a lesson to a college that teaches law. Must try. best of luck!

Consumer Complainant (Querist)
01 May 2018

Dear Sir,

It is not a chance to demonstrate my talent. It may appear so from far. But it is not. As main reason for joining a course in the college is not served. If some advocate will take up my case then it will be helpful.

By the by do you suggest that I place a advertisement seeking help of advocate in local newspaper?

KISHAN DUTT RETD JUDGE (Expert)
01 May 2018

Dear Sir/Madam,
You may file perjury as follows.
========================================================================================================
IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU (CCH-10)
O.S. No.2456/2017
BETWEEN:
Mr. Sandeep Bathija,
S/o. Late Srichand Kishindas,
Aged about 45 years,
R/at No.11, 4th floor,
Orchard Apartments,
Lower Palace Orchards,
Bengaluru – 560003.
….. Plaintiff
AND:
Sri. Mahesh Vashdev (Senior Citizen),
S/o late T. Vashdev,
Aged about 71 years,
Door No.118, 26th Cross, 6th Block,
Jayanagar, Bengaluru – 560070,
And another ….. Defendants


APPLICATION UNDER SECTION 340 READ WITH SECTION 195 OF CRIMINAL PROCEDURE CODE, 1973


May it please your Honor:

For the reasons stated in the accompanying affidavit it is humbly prayed to lodge a complaint against plaintiff, in the court of jurisdictional magistrate for preliminary enquiry and registering a case for the offences punishable under sections 340 read with section 195 of Criminal Procedure Code, 1973, in the interest of justice and equity.


Applicant/Defendant No. 1
(In person)
========================================================================================================
IN THE COURT OF THE PRINCIPAL CITY CIVIL JUDGE AT BENGALURU (CCH-10)
O.S. No.2456/2017
BETWEEN:
Sri. Sandeep Bathija ….. Plaintiff
AND
Sri. Mahesh Vasdev and others ….. Defendants

A F F I D A V I T
I, Sri. Mahesh Vashdev (Senior Citizen), S/o late T. Vashdev, Aged about 71 years, Door No.118, 26th Cross, 6th Block, Jayanagar, Bengaluru – 560070, (Mob:9845405202), do hereby state on oath as under:
1. That I am defendant No.1 in this case as such know the full facts of this case. The plaintiff filed the present suit claiming himself as a co-sharer of the property and on the other hand claiming to the absolute owner of the suit schedule property. If at all he is co-owner he ought to have obtained consent of other co-owners by way of Power of Attorney before filing the suit. He entirely stated falsehood in his affidavit and also in his plaint which were declared by on ought as true and correct and also verified the plaint contents. Thus the very contrary contentions taken by the plaintiff in this case goes to show that he attempted to mislead this Hon’ble Court in order to grab illegal possession of suit schedule property.
2. When false affidavit or false documents were given in any quasi judicial or administrative proceedings, then a private complaint can be filed U/s 200 before competent magistrate. The Plaintiff claims to be a co owner of the Property. The Plaintiff has filed a suit for property partition against his family hence the said property rights are not with clear Titles. The Plaintiff has not disclosed the truth.
3. The deponent further states that, the Plaintiff submits that the 1 Defendant is a uncle. The deponent further states that, the Plaintiff has been tying a Rakhi to the wife of the 1 Defendant therefore the relationship changes. The deponent further states that, the Plaintiff has deliberately not disclosed the true fact.
4. The deponent further states that, the lease agreement was not made with any favors. The deponent further states that, the lease agreement was drawn with a intention of generating a Revenue so as to meet the Legal expenditure of Property Settlements Suit and other expenses. The 1 Defendant has been paying Property taxes and Property maintenance charges from the day the Plaintiff has entrusted the authority to the 1Defendant. The deponent further states that, the Plaintiff has not disclosed to the Honourable Court with a intention of misleading the true facts.
5. The Plaintiff claim that he has not received the security deposit of Rs.100000 is also false as the 1 Defendant had made a expense of the amount to get his wife a bail and providing a bond to the High Ground Police Station as she was involved in a Criminal Case.
6. The deponent further states that, the Plaintiff statement stating that the Defendant 1 has not done anything is completely false. The Defendant 1 has arranged for the Plaintiff Funds for his lively hood and the main house for him to live undisturbed with complete privacy.
7. The deponent further states that, the Plaintiff brother filled a police complaint against the Defendant as trespassing the said property. The deponent further states that, the Plaintiff made the Defendant file a suit for Injunction against his brother an himself.
8. The Plaintiff voluntarily put a sub lease clause for the benefit of the Defendant No.1 as services rendered.
9. The deponent further states that, the Plaintiff has never demanded any money as he knew that the Defendant No.1 is spending for his problems. As a matter of fact his wife has been taking funds from the Defendant No.1 from time to time for her Case against her mother in law. The deponent further states that, the Plaintiff has willingly extended the lease agreement on the ninth day of June 2014.
10. The deponent further states that, the Plaintiff has no need for the property as he loves to live in his father house which is very dear to him in remembrance of his late Father. The deponent further states that, the Plaintiff has executed a will in favour of the Defendant and also promised fifth percent of his share. He has promised in front of his Uncle and Aunty Mr. and Mrs. Beharilal Bathija when we went to attend a Marriage of his niece. Thus the conduct of the plaintiff invites criminal offences as such a criminal case as to be registered in view of documents available on record that is his own plaint and its verification and his other pleadings and affidavits. The entire documents and pleadings filed by the plaintiff and defendant No.1 shall be read as part of this affidavit.
11. Thus it has been established the plaintiff mislead this Court for the purpose of misleading the lawful authority thus plaintiff needs to be tried for the alleged offences which may be disclosed during the course of investigation and likely to disclose offences u/s 191,193,195,199 of IPC, 1860and be punished accordingly.

I, the above named deponent declares that the contents of this affidavit are true and correct to the best of my knowledge, belief and information.

Identified by me DEPONENT

Advocate
Place: Bengaluru
Date:
You may contact me on mobile nine six eight six nine seven one nine three five
===============================================================================================





Guest (Expert)
01 May 2018

Who fought your case in the consumer forum and with what result?
Further, is it you, who assumed the allegations as false, or based on the findings of the consumer forum through their verdict in the case?

Anil Satyagraha (Expert)
01 May 2018

Prior to taking any other action, it would be helpful if you take a look at The Bar Council of India, Inspection Manual 2010
Specifically, you may wish to advert to ** Guidelines for the inspection of Universities / Institutes by the Bar Council of India ***

Regarding, reaching out to Advocates to file a case, I believe it would be a good idea to seek time from Legal Professionals who do not have a conflict of interest with the "unnamed Law College".

Also, did you consider the option of asking for the return of your money, and choose any other Law College instead of going via the Litigation Route.

Consumer Complainant (Querist)
01 May 2018

Dear Sir,
Thank you for your reply.

If they had given money back why would I have to do all this exercise. There are rules in university. There are core committee members. There is registrar, vice chancellor, chancellor (governor of Karnataka state). I have complained to all of them. None of them have responded in past 6 months. Hence I had to take the consumer forum route. There the college authorities as told above have made many unacceptable, unthinkable allegations which will bring bad name to me. These things are heart wrenching allegations.

Even there is ombudsman, BCI whom I can complain to. Last six months have gone only in posting letters to university authorities and chancellor. Nobody replied.

I have read the BCI rules. I can complain. But what to do if nobody takes action?

That is one major disappointment.

Second one is, how to know that a particular advocate does not have conflict of interest with the college? I have to place ad in newspaper asking help from advocates who will file a case against a law college in Bangalore.

Ms.Usha Kapoor (Expert)
02 May 2018

I agree with experts.

S.B.adil rahman (Expert)
02 May 2018

If the college has filed any defamatory matter against you in reply to your complaint then there is no case of defamation. It can at best be the case of perjury under section 340 Cr.PC provided the authorities of college make any statement on oath before the Magistrate or use any document in their support which is forged or manufactured and you are able to substantiate it. Perjury is the matter of inquiry first by the Magistrate. If it satisfies the Magistrate that deliberate acts have been done by the OPs then he will act.

Consumer Complainant (Querist)
02 May 2018

Sir,
Thank you for replying to my problem posted here.

So only filing a complaint with magistrate under Sec 340 Cr.P.C. is the option. If I file the complaint.
So, first the opposite party have to provide proof of their allegations against me. They at best can be oral evidence by different office staff whom I asked back the fees that I paid.

Then I have to cross examine them one by one in the witness box, make them tell the truth.

My sole intention to join course in this Law college was that I can be of help to people who cannot afford legal help, those who cannot even understand what is happening inside the court, innocent people dragged into unwanted litigation. But now the route is goiig some where else.
Some advocate if is willing to help me out by appearing on behalf of me will be of great help. Its not that I wont pay fees. I will pay fees. But I want legal representative in this case.

Ms.Usha Kapoor (Expert)
09 May 2018

I agree particularly with Siddharth Jain and Kishan
Dutt.


In the whole of your description made so far, you have no where stated whether you have been admitted by the college for the course or not?

Secondly, you cannot combine deficiency in service (consumer forum issue) as well as criminal activity (criminal court issue) of defamation in a single case.

Thirdly, even if already admitted for the course, do you believe that you would be able to successfully complete the course, if you start fighting criminal cases against your college?

Of course, it is really hard to believe your statement that no lawyer is ready to take up your case for fighting in criminal court. Rather, it is hard to believe even if your case description is true.

Ms.Usha Kapoor (Expert)
09 May 2018

There is an element of truth in Dhingra's words.

Consumer Complainant (Querist)
09 May 2018

Rundi ke aulad Dhinga,

Because of people like you people like me are facing trouble. How many advocates can a person contact? 10-20? After contacting 10-20 advocates I haves stopped contacting any more advocates. Hence I came up with idea of putting an ad In the newspaper, but doing like that will it be feasible? What might be the response of the advocates? Will anyone respond or will it become a national issue that no advocate is ready to take up my case against a errant principal and errant Law College.

I know the two matters of deficiency in-service and making false allegations in a affidavit are two different aspects to be tried in two different courts, could not you read you scoundrel sun of a bich with your two bulbs which are popping out of your skull what I have asked in my query?

You have given an opinion which is only worth spitting on. You have not helped me here. Have to you told that you will take up my case rundi ki aulad? No right. Then why have you replied madar chodh ke bacche.


Mr. False consumer complainant,

When you can't desist from profusely abusing even the experts from whom you expect help, there remains no doubt that you must have used even the worst abusing language for your college authorities. With your absolutely foul language used in your latest post above, you have given ample proof that you must have defamed your college authorities with your utmost foul language. They must have been right in making allegations against you. On the other hand, it revealed that you must also have behaved very badly with all the 10-20 lawyers stated to be contacted so far by you with the result that all of them refused to take up your case against the college.

Mind it, the language used by you can be expected only from some abandoned illegitimate child of some lady. If that is your attitude towards those from whom you want help, not to speak of any help from anyone, even your college may be justified to launch a criminal case against you. Even if you have been given admission in the college, you must expect rustication from the college sooner or later on any excuse by the college authorities.

Further, if you are really a legitimate son of your father, you must send me your particulars with complete address so that you may make you learn a befitting practical lesson, how and what for a criminal case can be fought for abusing me in such a bad language.


You have not sent me your complete particulars and address for the last 26 days, as a legitimate son of your father. That can very well be taken as a sort of your silent confession that you have a doubt about your legitimacy. So, just think whose aulad or scoundrel son you can be?

N.J.S.Rajkumar alias narasimha (Expert)
08 June 2018

Dhingra alias jigyasu alias ramojikumar is a psychopathic patient as well a beggar and a sick patient as per his own reply to an querist forwarded me his post that he will not attend courts.I have the proof and his mobile number is 099680 76381 and if any one needs his address i could post it

N.J.S.Rajkumar alias narasimha (Expert)
08 June 2018

See the wordings of that BD in his last post.

N.J.S.Rajkumar alias narasimha (Expert)
08 June 2018

B- Brilliant and D- Dynamic I leave it to your choice


Useless idiot NJS Rajkumar, alia JOSHUA SAMUEL, alias Mohhammed Azharueen, alias Anusha, alias Kumar Doab, and tout of Usha Kapoor, and the No.1 quack can continue to post any number of irrelevant posts with his profusely disturbed mental state, when he is totally blank in law and becomes blind for not seeing others wordings.


Useless idiot NJS Rajkumar, alia JOSHUA SAMUEL, alias Mohhammed Azharueen, alias Anusha, alias Kumar Doab, and tout of Usha Kapoor, and the No.1 quack has alreqady been proved not only street beggar, but also a pick pocket by one Advocate Kannan, who belonged to his own city of Chennai through his posts at LCI during December 2016.

So, this quack can continue to post any number of irrelevant posts with his profusely disturbed mental state, when he is totally blank in law. .

N.J.S.Rajkumar alias narasimha (Expert)
08 June 2018

Yes Further Proceed ........................................

Ms.Usha Kapoor (Expert)
18 June 2018

I agree with experts.


You have not intimated me, whose aulad you are, when you have not confirmed to be a legitimate son of your father.

Ms.Usha Kapoor (Expert)
24 June 2018

I agree with experts.


If a legitimate son of your father, you were to send me your complete particulars along with your address. But you have not sent your complete particulars and address for more than one month. So, can you confirm, whose aulad are you?


If a legitimate son of your father, you were to send me your complete particulars along with your address. But you have not sent your complete particulars and address for more than one month. So, can you confirm, whose aulad are you?


If a legitimate son of your father, you were to send me your complete particulars along with your address. But you have not sent your complete particulars and address for more than one month. So, can you confirm, whose aulad are you?


If a legitimate son of your father, you were to send me your complete particulars along with your address. But you have not sent your complete particulars and address for more than one month. So, can you confirm, whose aulad are you?


If a legitimate son of your father, you were to send me your complete particulars along with your address. But you have not sent your complete particulars and address for more than one month. So, can you confirm, whose aulad are you?

Ms.Usha Kapoor (Expert)
29 June 2018

Agree with Mr.Dhingra.

Ms.Usha Kapoor (Expert)
29 June 2018

I agree with experts.

Ms.Usha Kapoor (Expert)
10 July 2018

I agree with Experts



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