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Manoj Kumar (Software Proffession)     14 June 2014

498 a bail cancellation

Hi everyone I am also a victim of  498 A gangs.

My provisional anticepatory bail has been granted by Patna High court for one year  with following conditions on 11 Nov. 2011

"The provisional bail of the petitioner will be confirmed by the learned court (CJM Darbhanga) in two eventualities if the matrimonial harmony is restored substantially within one year or the wife deliberately refused to reside with the petitioner." 

neither matrimonial harmony restored nor she deliberately refused to reside with me in court, but out side court she does not want to go with me. In the mean time chargsheet has been filed by police and cognizance has been taken by CJM and case transfer to SDJM for trial.

on 12 may 2014 she appears and said to court that she is ready to go with me. The SDJM has directed me to take her to my home. I tried but she went away to her parent by saying to pick up her luggage promissing that next day she will go with me. On same day when I went my home she filed a petition to SDJM that i had deserted her in road and violating the high court order. on this ground she pray to SDJM for cancel my bail. l had also file rejoinder to confirm bail by giving some proof that she deliberately refuse to go with me.

on 12 jun 2014 SDJM submitted my rejoinder and give next date for hearing. On same day she again file a petition to SDJM allegieng that i had beaten, abususes and assulted her and praying for re-call my provisional bail. both time she filed petitions when hearing was closed.

Dear friend pleased suggest me what should I do



Learning

 15 Replies

Dr J C Vashista (Advocate)     15 June 2014

Continue seeking advise of your learned lawyer, no second opinion.

ram mohan reddy (Proprietor)     15 June 2014

Dear team member simply ignore about case and fight against case only. let the court give judgement , meanwhile avoid mediation , phone calling or any type of communication from your end. Let she do what ever she want,but your answer supposed to be silent.Time only can solve your problem , if they are not understanding.

1 Like

Manoj Kumar (Software Proffession)     15 June 2014

Dear Team Members

I have some queries 

How can SDJM cancel or recall the high court provisional bail? How to stop her to filing false petition after hearing has closed. Is there any SUPREME COURT ruling or judgement regarding this if any please inform me. Thanks in advance

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 June 2014

As said Mr. Ram Mohan Reddy, please avoid any mediation.

 

Attack is the best way to defence.

 

File CrPC 91 in the same court where 498A is going on against her and ask her to give proof in terms of affidavit as per Indian Evidence Act 1872 to forfeit her allegation.

 

If she files false affidavit then immediately file perjury against her in the same court where 498A is going on.

 

Appear high court and apply for speedy trial.

 

Please see my post bellow link : -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     15 June 2014

Please see my post bellow link : - https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp

T. Kalaiselvan, Advocate (Advocate)     16 June 2014

In the given circumstances, it can be understood that she is on a spree to wreak vengeance on you to the core for the reasons known to you both. Her lawyer is very properly (mis)guiding her that she adopts one after the other measure to torture you both mentally as well as physically (by cancelling your bail).  Do not worry, give her a tough fight, 498A is not a heinous crime that the court will oblige with her every sundry petition against you.  In fact, by now, even the court will be in the knowledge of her foul plays against you hence instead of reacting to her allegations, the court shall follow the due process of law.  I think your lawyer is also giving a tough fight, follow your lawyer's advise.

Manoj Kumar (Software Proffession)     17 June 2014

Dear T. Kalaiselvan Yuo are absolutely right, My lawyer give the Supreme court ruling in my rejoinder that is " if  there is no compromise between the parties can not be a ground for cancel the bail of accused person"  [Biman Chatterjee Vs. Sanchita Chatterjee and others, reported in 2006 Volume – 1 Eastern Criminal Case on page 258 (Supreme Court). ]

 

I obtained the certified copy of her second petition in which i found some contradiction. In first petition she alleged me that I left her at the road in KAJHANAGAR(a specified location), where as in second petition she alleged me that I left her in court campus Road. Both locations are near about one kilometer far. The second one is  the she quotes only first condition of High Court to confirm my bail that is  " if the matrimonial harmony is restored substantially within one year" . She has not quoted the second condition which is "the wife deliberately refused to reside with the petitioner." She has dully signed the both petition in her own hand writing. In new circumstances should I follow the Satyaprakash Bani advise for filing CRPC 91 to give her proof in terms of affidavit as per Indian Evidence Act 1872 ?  For giving your all nice suggestions my moral  has boosted a lot, Thanks in advance

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 June 2014

It is a good citation that your lawyer has given.

 

If you have contradictory points available then file perjury and forgery immediately in the same court where 498A is going on.

 

In parallel, you can register an FIR against her by stating these entire points.

T. Kalaiselvan, Advocate (Advocate)     17 June 2014

In my opinion, first concentrate in your 498A case properly, challenge it fittingly, come out of it getting acquitted and then plan your strategies to blast her with other theories.  Perjury, defamation cases are all too early to think of it and may not sustain if given a deeper thought about it.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 June 2014

My opinion is, Attack is the best way to defence.

 

Perjury can be file any time during the prosecution. Perjury petition will be taken as a separate criminal miscellaneous case. Please see the citation bellow.

 

BOMBAY HIGH COURT
CRIMINAL APPLICATION No.1115/07.
(Para 7 & 8)

 

In parallel, Please go to high court and apply for speedy trial.

Manoj Kumar (Software Proffession)     23 June 2014

Dear Members     can you send me draft for the petition to high court for CRIMINAL REVISION JURISDICTION for speedy trial U/S 483 CRPC read with article 227 of Indian Constitiution by praying that to direct the Learned SDJM to dispose the 498A case with in 6 months from the communication of the order. I shall be great oblized to all of you.   my mail id   mkmanojmk@hotmail.com

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 June 2014

Posted the same on the following threads, Please download from the following links: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

Manoj Kumar (Software Proffession)     23 June 2014

Dear Bani I have alredey visited your link but i want specifice sample petition for filing the petition in high court

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     24 June 2014

Dear Mr. Manoj Kumar,


That was a sample petition that I have uploaded. To make is specific I need to know your case details. It is better that you make it specific since you know about your case details.
In the GROUNDS portion of the petition you can mention that the expeditious trial is your right as per Article 21. For this criminal case people are seeing you as criminal so you are praying to expeditiously dispose of the pending criminal case within a period of 6 months from the communication of the order.

Write it tactfully with required citations to make it a complete criminal complaint.
Please remember during the argument you should verbally mention about those citations also in favor of your arguments and grounds.


Article 21 in The Constitution Of India 1949
21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law.


Article 14 in The Constitution Of India 1949
14. Equality before law The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth


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