Few of my friends have PM me regarding lego-technical fallacy. Let me post here itself.
I learnt this concept of technicality around 10 years back when I went for interview for permanent post in Deptt of Commerce in Zakir Hussain College (Evening), University of Delhi where a friend of mine but from ST community was selected for permanent post but his candidature was challenged because he had UGC (NET) in Commerce but his UG / PG was in Econimics. As a result despite completion of all the formalities his appointment was cancelled on technical grounds.
This posed not just technical problem for his appointment but also made his appointment if done legally invalid (invalid means fallacy).
REMEMBER:- If you find that a complaint can NOT stand due to lego-technical fallacy then within WS you need to challenge it as a preliminary objection. But before WS you need to write letter to seven authorities viz.,
(D) DJ/FC (In Delhi the FC is at Dwarka)
(E) DJ/ District Court concerned
(F) Sessions Judge concerned (related to place where FIR is regd for 498a but this case is DV)
(G) MM concerned (i.e., the same MM with whom your beloved wifey placed her DV petition with)
AFTER EXACT 7 DAYS
(1) File RTI to (A) above and ask ATR on (A) i.e., ATR on that letter which you wrote 7 days back with the heading LETTER REQUESTING ACTION (ON BEHALF OF RESPONDENT) as above.
(2) thru Second point of RTI ask the same questions which u put in that letter in (A) above
(3) Do the same to (B) (C) (D) (E) (F) (G) above
CAUTION:- Do NOT even by mistake file affadavit alongwith the above 7 letters.
(i) In Preliminary Objection this point must be covered.
(ii) In preliminary Objection to her maintenance application u/s 23 also this point must be covered
(a) Do NOT get worried if any of all of the above 7 authorities does NOT give u favorable reply because YOUR POINT HAS BEEN RECORDED with all these authorities forcefully (vehemently) thru these 7 letters & 7 RTI''s
(b) If your wifey challenges this point in any of the judgments that you are filing baseless letters then also do NOT get dishearten. Just mention to her reply that, "THIS COMPLAINT IS NOT TECHNICALLY VALID AS PER LAW & is void-ab-initio due LEGO-TECHNICAL FALLACY" Push this point & let the MM pass the order which she will NOT. There are chances that judiciary might try to pass a mesage to MM to return her DV to her but by NOT letting u or world know that her plaint is being returned due to lego-technical fallacy.
(c) Even if after that you are harassed thru that DV for 5-7 years next then also need NOT worry if you are a fighter & u want a judgment for the nation because NOW whatever will be done to u will be wrong. Imn every reply do mention the point that this DV plaint suffers from Lego-Technical Fallacy.
ATUR CHATUR SUCCESS STORY
After more than one year of vehemently pursuing a CrPC 91 against the police I have succeeded.
This is NOT a success for me. This is the success for the nation. This is the success for men victims of false cases. This is also the success for those victimized by police atrocracies/ atrocities.
WHY THIS IS A SUCCESS?
This is a success because FIRST TIME IN HISTORY (at least as per my knowledge) CRPC 91 OF COMPLAINANT HAS BEEN ALLOWED.
Last year I was pressurized that CrPC91 is NOT a right of complainant to which I vehemently argued. As a result the police was told to file their reply. They NOT just filed reply but also did some mischief in the records & tried to make my complaint fall technically by NOT giving me any notice/ time for reply but since I am fighting PIP hence I understood their motive & filed a reply to MM next day which put even the MM in loop. After that I kept pressing CrPC 91 but with BLIND EAR being turned to it.
On third last date, I argued that police is sitting behind INVESTIGATIVE VEIL & NOT replying to CrPC 91 & also NOT allowing me to file RTI's in the name of investigation pending.
On second last date I pressed that CrPC 91 needs to be pressed. The MM told me that it is his discretionary right. I said, Sir, It is a shame for Indian Judiciary that A Terrorist like Abu Salem is being provided some information & when I who is ex-professor DU whose students have become lawyers & judges is being denied the same info. Then MM told me to wait., went inside his cabin came back & told me that he will decide CrPC 91 apne aap.
On last date, I told MM that please decide CrPC 91. He said it is my discretion. I told him, Sir, please mention it in the order sheet if it is rejected or allowed or even if it is your discretionary power. Then he stumbled. I told him, respected SIR you do NOT have rights or powers to hold CrPC 91 BEYOND 2-3 dates. It is against the law. He then tried to play the trick by asking me for some evidences against the police. I told I will give that in Evidence Stage. He then forcefully tried to dictate some order to his typist. I intervened,. Sir, this is illegal order. Please allow CrPC 91 or at least mention it,. He then got the hint & told me to write on a piece of paper the documents which I want thru CrPC 91. i TOLD , Sir pls forward the entire CrPC 91. He still forced me to write. I wrote the whole but requested him to attach the copy of original CrPC 91 with it to make it lego-technically valid. He agreed & moved my CrPC 91 application. ONE MORE THING I TOLD HIM that the FIR against me suffers from lego-technical fallacy & it is vengeance/ vendetta because after I requested for FIR against DCP under RTI act then just after 11 days FIR was registered against me. They did FIR against me in urgency because if they waited another 7 days then reply to my other RTI's would have been difficult for them & by registering FIR against me they replied INVESTIGATION PENDING SO CAN'T BE PROVIODED INFO
FRIENDS PLEASE PRAY FOR ME
After the success I will post my real name & real case number as that will help men victims. Whatever the result I will post after 6-8 months for sure because at least it will help other MM's to allow COMPLAINANT'S CrPC 91 AGAINST POLICE which is rare.