Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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karam   17 August 2015

Criminal complaint against an advocate

Dear Sir/ Madam, I am a married woman 32 years and had a 376 case where my lawyer instigated against my husband and made physical relations with me, he kept convincing me to divorce my husband and live with him as his wife has some mental problems and she permanently lives in the hometown. now when i objected he threatened me to implicate my husband in false cases the same he already has done with many people. i want to file a case against him but when i took advice from one of the junior lawyer friend he said since elections are coming so whole bar might support him. Please advice 



Learning

 9 Replies

NATARAJAN IYER (Proprietor)     18 August 2015

I HOPE THIS QUESTION IS NOT POSED BY AN ADVOCATE WHO IS SLOWLY TRAPPING A WOMAN AND FORCING HER INTO A DIVORCE SO THAT YOU CAN HAVE YOUR SEXUAL FANTASIES SATISFIED. IF THAT IS THE CASE, YOU ARE PLAYING WITH FIRE.

 

I HOPE THIS IS NOT A CURIOUS MIND-GAME-ADDICT who got this doubt and seeks an answer on this forum. If that is the case, you are among the WORST INSECTS to be born on Earth in the disguise of a human being, which you definitely are not, since LIFE IS TOO PRECIOUS to be MOCKED AT AND LAUGHED AT with such MIND-GAME questions and query.

 

Like the Fire-Fly, one day, similar to curiosity killing the cat, you too will meet with your end, and that too very miserably. THE TOPIC YOU HAVE RAISED IS A VERY SERIOUS ONE AND THAT TOO IN TODAY'S INDIA, ESPECIALLY AFTER THE NIRBHAYA CASE.

___________________________________________________________________

 

BUT, IF THIS IS GENUINELY A WOMAN SEEKING LEGAL INSIGHT, then here it is.

 

Complete these activities, step by step.

 

FIRST, RECORD THE ADVOCATE's CONVERSATION.

 

VISIT THE ADVOCATE, EITHER ON A SUNDAY AFTERNOON ( Time your visit Between 11:45 to 12:00 noon.

By around 1:30 P.M. on Sundays, Advocates wish to be at home eating home food, especially the week-end non-vegetarian dish or even a plain home-made vegetarian dish.

Sunday noon lunch at Home.

This is their Policy. So, after 12:30, their irritation and anger levels shoot up, especially so since the farmers who visit mainly on Sundays, stay back for long time periods and then shell out some money as fee.

This delays the advocate's lunch too.

Sundays- 2:45 to 5:30 P.M. is SLEEP TIME or REST hour or LEISURE time for the advocates. They will NOT answer the phone even if it the President of USA calling them. ) 

 

OR

 

Visit the Advocate BETWEEN 4:30 to 6:30 P.M. on the week-days, since this would be after court hours and these time slots see the advocate in a relaxed state of mind.

 

when he is in a relaxed state of mind, he will reveal his true character willfully since any person loves his own identity.

 

On week-days, avoid meeting the advocate after 9 P.M. He will be in a mood to rush home.

 

On any day, avoid speaking to the criminal advocate after 10 P.M.

 

Some convicts / People arrested and remanded to judicial custody, speak from within the Jail Premises and enquire about bail application and the result. They argue with him about the delay,...etc. So, tempers run high.

 

The relatives of the convicts / People arrested and remanded to judicial custody, too would prefer to speak to the advocates after 9:30 P.M.

 

So, avoid these HIGH-VOLTAGE timings < After 9 P.M. >

 

Although this rule does not apply to all advocates, I have observed this pattern in many advocates.

 

 

Now, about the criminal rapist advocate. Record the conversation. HAVE A PEN-CAMERA.

 

I SUGGEST THE PEN-CAMERA EVEN TO CRIMINAL ADVOCATES SINCE SOME POLITICIANS ARE TOO DIRTY TO BE SPARED AND THE ADVOCATES THEMSELVES HAVE TO BE CAREFUL.

 

YOU CAN HAVE A PEN CAMERA TO VIDEO-CAPTURE THIS SEXIST ADVOCATE's MOVES.

 

This EVIDENCE is the FIRST and FOREMOST you must gather.

 

EVEN IF HE RAPES YOU, you must GET A MEDICAL REPORT BEFORE YOU PASS URINE OR STOOLS SINCE WITH the passage of URINE OR STOOLS, THE EVIDENCE BECOMES DIFFICULT.

 

IN A 376 C, YOU CANNOT ASK THE COURT TO RELY ON CIRCUMSTANTIAL EVIDENCE alone.

 

You need to present DIRECT EVIDENCE.

 

1) Now, after the evidence part, visit the Government mental health centre / hospital in your city, fix an appointment with a counsellor and discuss this issue and your tensed state of mind ( Getting into frequent DEPRESSION due to that EMOTIONAL BLACKMAIL ) by that advocate and obtain a certificate from the hospital with that counsellor / psychologist/ psychiatrist certifying your DEPRESSION as the illness and the medicines prescribed to that effect. HISTORY OF CONSULTATION is very important a document you must seek from the hospital. That SHEET is the ONLY SHEET that will CLEARLY MENTION THE REASON for your consulting the counsellor/ psychologist/ psychiatrist. This is the Most Important Sheet that you must maintain throughout the case.

______________________

 

Remember to have all documents of your bank statements, property,...etc FINANCIAL STRENGTH intact, in order to prove that you have no necessity to derive illegal gains by attempting to falsely implicate the advocate.

 

WHEN YOU FIGHT ADVOCATES, POLICE, DOCTORS, POLITICIANS, SENIOR PROFESSIONALS FROM ANY INDUSTRY and the BUSINESSMEN YOU REALLY NEED TO TAKE HUGE STEPS AND THAT IS POSSIBLE ONLY IF YOU ARE A GENUINE VICTIM.

 

IF YOU ATTEMPT TO FIGHT WITH WEAK PUNCHES AND BLOWS, you will JUST FALL FLAT AND WITH SERIOUS INJURY AND DAMAGE.

 

IF YOU DO NOT HAVE ANY EVIDENCE, IF YOU DO NOT KNOW THE ART OF INTELLECTUAL BOXING AND IF YOU DO NOT POSSESS SUSTAINED STAMINA, DO NOT FIGHT AN ADVOCATE.

 

To you, courts are a once-in-a-life-time and that too only if it cannot be avoided.

 

But to the advocate, it is a daily work-place.

 

So, at leisure he can ensure that you are made to frequent the court where he can play a good boxing round with you.

 

They have not spared even the commissioner of police, the IAS officers, the ministers,..etc.

 

There are instances where even these high ranking people have been made to come to the court and harassed by the advocates.

 

So, develop courage first. Never forget that you are the VICTIM.

 

This is very important. NEVER FORGET that you are the VICTIM. That is what keeps your courage and energy as a continous flow of energy filled confidence and courage.

 

ESPECIALLY CRIMINAL MATTERS, fight it well and with courage and wisdom, SINCE THE GUTTER CAN BE VERY DEEP AND EXCEPT FOR FEW HIGHLY INTELLIGENT INDIVIDUALS AND CRIMINAL ADVOCATES, MANY ADVOCATES THEMSELVES AVOID GETTING CAUGHT IN CRIMINAL MATTERS.

 

IF YOU STILL WANT TO FIGHT AN ADVOCATE, DO ONE THING.

 

FIND OUT FROM THE CAUSE-LIST ( AVAILABLE ONLINE FROM THE HIGH COURT WEB-SITE ) OR EVEN WITH THE BENCH-CLERK AT THE COURT, FIND OUT FROM THE CAUSE-LIST THE CASES FOUGHT BY THAT ADVOCATE IN THE PAST FEW MONTHS, WHO HIS OPPONENT ADVOCATE HAS BEEN AND MAINLY THE CASE WHERE THE ADVOCATE HAS LOST.

 

THAT CASE WHERE THE ADVOCATE HAS LOST, THAT OPPONENT ADVOCATE IS A PERSON WHO WILL BE AWARE OF THE PSYCHOLOGY OF THIS ADVOCATE.

 

CHECK A MINIMUM OF FIVE TO SIX CASES FOUGHT BY THE SEXUAL MONSTER ADVOCATE AND THE ADVOCATES WHO HAVE DEFEATED HIM.

 

Hire the services of ONE among those ADVOCATES WHO HAS DEFEATED HIM.

 

USUALLY ADVOCATES LOVE TO BOX AND DEFEAT THE SAME ADVOCATE MULTIPLE TIMES IF ON AN EARLIER OCASSION THIS ADVOCATE HAS ALREADY BEEN DEFEATED ONCE.

 

IT IS A PRESTIGE GAME THAT HAPPENS AMONG ADVOCATES. BUT THAT IS A DIFFERENT GAME.

 

LET ME NOT GIVE YOU THOSE DETAILS. NOT REQUIRED HERE.

 

______________________

 

2) Currently, who is the Bar Council Chairman ? Find that from the Office of the Bar. You can just phone and find out. You do not even need to visit the office.

Also, find out the names of the Bar Council Members.

Have this list ready.

 

3) First, Record your Statement with a FIRST CLASS MAGISTRATE and request him to instruct the police to register an FIR.

With this, the exercise begins.

This is because, it is already a 376 case. So, if you go by yourself to file a police complaint, the police might drive you away saying you are an IMMORAL WOMAN seeking to gain ILLEGAL GAINS by BLACKMAILING that advocate.

 

That Advocate too can file a criminal defamation charge against you and also attempt to falsely implicate you saying that you are a COMMERCIAL PROSTITUTE and your husband is a PIMP and that both of you have planned to defame the advocate and blackmail him to extract MONEY AND PROPERTY.

 

Also, if you plainly walk in to the magistrate court without proper LEGAL SAFETY AND SECURITY measures, the MAGISTRATE COURT ADVOCATES might surround you and even assault you verbally and physically. If you know foul language and foul words and have developed a thick skin to those, then you can visit the magistrate court, with some confidence.

You must be psychologically strong and mentally strong too.

On one side, one advocate will be discussing with a criminal with hand-cuffs and the police holding the hand-cuff.

On another side, you can see a rape convict with Gutkha in his mouth and spitting it right next to you and staring at you as if you have done a crime standing next to him and preventing him from spitting freely.

 

In another court < The jurisdictional police stations across the city, are assigned to different ACMM court halls, with each ACMM court dealing with a certain number of police stations >, you can see an advocate walk out and shout openly that the magistrate has accepted a bribe and hence is delaying the bail.

 

In short, magistrate court is one place where you can see all sorts of scenes.

 

Usually, even the advocates of long-standing in the bar, avoid the magistrate court and traffic offence courts as also the consumer courts and hand it over to some junior or some third or even thirtieth advocate in their professional network.

 

So, it is always advisable to exercise caution when you go to the magistrate court since there have been instances when even the asst.commissioner of police and higher officials have thought twice before deciding to go there to exercise their authority.

 

The Women's Team of Advocates at the magistrate court are equally energetic to surround you and intimidate you and assault you, both verbally and physically.

 

So, go legally safe and secure and maintain LOW-PROFILE. Go Silently, record your statement and move away, Silently.

 

4) In your complaint, be very specific that 376-C is being attempted against you, by that advocate.

 

376-C is the IPC section. Remember it very well.

 

376D is invoked when a person with fiduciary powers attempts a 376 against you.

 

READ THE IPC AND CrPC AND YOU CAN SEE THE DIFFERENT SECTIONS OF THE IPC and CrPC that cover blackmail, seeking s*xual favours, instigation to commit crime against your husband, criminal conspiracy ( 120B ), breach of trust that you reposed in him as your advocate, illegal gains, etc etc etc.

 

LIST EACH OF THOSE APPLICABLE SECTIONS in your statement.

 

I have given the meaning of fiduciary here, for your reference.

 

  1. fiduciary is a person who holds a legal or ethical relationship of trust with one more other parties (person or group of persons).
 
376C. Whoever, being— (a) in a position of authority or in a fiduciary relationship; or (b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women's or children's institution; or (d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have s*xual intercourse with him, such s*xual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either descriptttion for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine.
 
_______________________________________________________________________________
 
 
3. Now the exercise begins. 
 
 
4. Immediately, send by registered post ( speed post preferable ), copy of your statement to the magistrate, to the bar council chairman and members clearly mentioning the SYNOPSIS ( Attempt to commit 376C and DEGRADING THE BAR COUNCIL AS A SEAT ARRANGEMENT THAT SEES MEMBERS COME AND GO, INSTEAD OF RESPECTING THE BAR COUNCIL AS AN EXTREMELY IMPORTANT LEGAL BODY AND THEREBY ATTEMPTING PSYCHOLOGICAL INTIMIDATION TOWARDS SEEKING SEXUAL FAVOURS AND SEXUAL GRATIFICATION ).
 
 
5. Next day, file a formal complaint at the bar council, deposit the fee and attach the evidence.
 
 
6. Take photo-copies of these and submit it at
 
 
a) The Office of the Public Prosecutor ( Since he represents the state and the state represents you in this criminal offence, fighting on your behalf ). MEET THE ADVOCATE GENERAL PERSONALLY and submit a set of copies there too. They might not accept. In that case, say you are bringing it to his notice.
 
b) The Women's Commission ( See the word ' commission '. commission means it is a governemental wing.
 
' council ' might be a plain NGO. )
 
So, identify properly. Meet them and submit a formal complaint and the same set of photo copies.
 
c) The Home Ministry ( They might not accept but try. Even if they accept, they forward it to the commissioner of police who will check and see that the magistrate has already ordered the FIR to be registered and the jurisdictional police might have started investigation already )
 
d) Women Affairs and Welfare Ministry ( Meet the Principal Secretary ONLY. Do not meet the Additional Secretary or anybody else. Meet the Principal Secretary ONLY and submit the copies requesting them to guide you and assist you in case you are unable to fight the battle single-handedly since the advocate will put in all his power and influence to get out of the ring of investigation, interrogation, evidence, cross-examination, fine and punishment ).
 
 
7. Now, draft a separate letter highlighting these, to the CHIEF JUSTICE OF THE HIGH COURT of your State and make it clear that you are bringing it to his notice, as a
 
HELPLESS WOMAN fighting the AMOROUS AND LUSTY MOVES of a MONSTER in a BLACK COAT and as a FORMAL VOICE OF A WEAK WOMAN, seeking to move pillar and post to ensure her safety and legal rights towards her FIGHT in SURVIVAL WITH DIGNITY AND SELF-RESPECT intact.
 
 
8. Have the addresses and names ready of the WOMAN RIGHTS NGOs and a few MEDIA professionals.
 
 
PICK ANY NEWSPAPER, CHECK THE NAME OF THE JOURNALIST COVERING THE CRIME REPORTS and have a few names of such journalists ready.
 
 
*** BUT BE VERY CAREFUL BEFORE YOU MEET ANYBODY - WHETHER MALE OR FEMALE - WHO PROMISE TO HELP YOU WITH JUSTICE.
 
 
LOT OF PIMPS AND PROSTITUTES ROAM AROUND IN SOCIETY IN ALL PROFESSIONS, WITH THE SOLE MOTIVE OF PUSHING A WOMAN INTO THE FLESH TRADE. THEY EXIST, ACROSS ALL AGE GROUPS and among BOTH MALE AND FEMALE.
 
 
THAT WORLD IS A HUGE WORLD IN ITSELF.
 
 
THE DAY AN INSPECTOR REPORTS FOR DUTY AT A NEW JURISDICTION, THAT SAME DAY, THE LIST OF HOTELS, LODGES, ROWDIES, PROSTITUTES AND PIMPS, CRIMINALS,...etc WILL BE PROVIDED TO HIM.
 
 
BUT HOW WILL THE COMMON MAN KNOW THE PIMPS AND PROSTITUTES in society, and that too, in today's society ??? ***
 
 
SO, BE CAREFUL OF NGOs, MEDIA JOURNALISTS,...etc
 
 
THEY WOULD ASK YOU TO COME TO THE PRESS CLUB.
 
 
MEDIA LOVES TO HATE ADVOCATES. MANY JOURNALISTS HAVE CASES OF CRIMINAL DEFAMATION AGAINST THEM. MINIMUM OF TWO CASES IN THE LIFE-TIME OF A JOURNALIST.
 
 
THEY NEED AN ADVOCATE TO FIGHT THESE OUT.
 
 
THEIR EGO AND THE ADVOCATE'S EGO CLASH AND THESE MEDIA PROFESSIONALS WHO HATE SOCIETY SINCE THEY FEEL SOCIETY IS A DARK PLACE, LOVE TO HATE THE ADVOCATES.
 
 
SO THEY MIGHT ALSO USE YOU AND YOUR CASE AS A PAWN.
 
SO BE CAREFUL.
 
IF YOU GO TO THE PRESS CLUB, LET IT BE BEFORE LUNCH HOUR.
 
AFTER 5 P.M. avoid the press club.
 
You will see 60 plus seniors with alcoholic drinks.
 
They will promise the Sky and the Sun the very next day, but who knows what will happen to you next.
 
*** THESE SHOULD BE ENOUGH TO MAKE THAT ADVOCATE RUN ONE HUNDRED KILOMETRES AWAY, MERELY UPON LISTENING TO YOUR NAME BEING MENTIONED.
 
IF IT DOES NOT, MEET THE SAME SET OF PEOPLE AGAIN.
 
SECOND TIME SAME SET OF PEOPLE APPROACHED FOR HELP AGAINST A REPEAT OFFENDER, THAT ADVOCATE WILL DEFINITELY GO BEHIND BARS AND ALSO HAVE HIS NAME OFF THE ROLLS.***
 
 
A SENSIBLE ADVOCATE WILL NOT FIGHT WITH THE BAR COUNCIL CHAIRMAN AND MEMBERS AND ESPECIALLY THE BAR COUNCIL - THE INSTITUTION ITSELF.
 
 
WHEN MATTER REACHES THE CHIEF JUSTICE AND IF ANY SERVING JUDGE CALLS YOU TO HIS CHAMBERS, BE HONEST AND BRIEF AND READY WITH EVIDENCE.
 
 
THAT ADVOCATE WOULD BE WARNED, IF THIS WERE TO BE 2005.
 
 
BUT NOW, IT IS A VERY SERIOUS MATTER AFTER THE NIRBHAYA CASE.
 
 
IF YOU VISIT THE LAW MINISTER AND THE PRIME-MINISTER'S OFFICE, WITH YOUR COMPLAINT, THAT ADVOCATE WILL FORGET HIS PROFESSION.
 
 
SO, do not get scared.
 
 
IF IT IS TRUE THAT YOU ARE BEING TROUBLED BY THAT ADVOCATE, I WOULD SAY, THAT ADVOCATE IS PLAYING WITH FIRE ASSUMING THAT NOBODY CAN PULL HIM UP.
 
 
HIS WAKING-UP ACTIVITY WILL BE A RUDE SHOCK TO HIMSELF, IF THAT IS HIS MIND-SET.
 
______________________________________________________________________________
 
 
There are many methods of making that advocate shiver in fear, but I do not want to list those, since we should not mis-use the avenues and options and from our side, let us always be law-abiding.
 
Let us not be sadists deriving pleasure in the pain of others.
 
 
GOOD DEEDS DONE AS A DUTY IN LIFE, WILL ALWAYS RETURN TO REWARD YOU
 
BAD, EVIL AND PERVERT DEEDS DONE, WILL ALWAYS RETURN TO HAUNT YOU LIKE THE GHOST THAT NEVER LEFT.

SAINATH DEVALLA (LEGAL CONSULTANT)     18 August 2015

Self made grenade has exploded.This is nothing but UR self made destruction.Are U not responsible for the intentions of UR advocate(OF COURSE I AM NOT EXCUSING HIMNOR SUPPORTING  HIS CONDUCT).But now U are worried when he is threatning to file cases against UR husband.

2 Like

Prasad (Systems Engineer)     18 August 2015

Mr. Sainath Devalla... You nailed it. Yes. the women queriest is party to the whole s*xual abuse episode with advocate and she looses moral right to file legal cases against the advocate.

 

Mr.Natarajan... as usual your deatiled reply is a great eye opener and will surely help any innocent woman in such a scenario with any advocate.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     18 August 2015

What I am trying to drive out is how is she going to bring that advocate to task.She should possess valid evidences about their relationship,then only she can expose him.I really pity her position.She has mentioned that the lawyer instigated a case u/s 376 crpc,which is related to s*xual assault on a woman.She has not stated who that woman was and the status of the case.

S.JEEVAGAN, Madurai. (Advocate, High court )     18 August 2015

I really appreciate Mr.Natarajan for his detailed reply. 

 

Website : https://www.jeevaganadvocate.com/
My e.mail id is : jeevaganadvocate@gmail.com 
My cell No. is : +91 9842197855, 9842197857.

KINDLY MAIL ME AND GET APPOINTMENT BEFORE SPEAKING TO ME ON PHONE FOR OBTAINING LEGAL ADVICE.

 

Krishna Murthy Pasupula (High Court Advocate )     18 August 2015

I too truly appreciate Mr. Natarajan for his advice but it is not easy to implement take your husband help and notify in writing to the bar council

Biswanath Roy (Advocate)     20 August 2015

How the two queries on the same line and on the same distinct complaint was posted on the same date ? Possibility of some fowl play cannot be ruled out.

Govindaraju M P   09 October 2019

Dear sir /madam iam a 26 year old person i completed BE graduation.opposite advocate file illegal petition against us under 408 crpc to transfer the case from lower court to session court ,but in this petition he put my name illegally and given notice to me to attend the court proceedings having intention to harrasse me and spoil my life and carreer , but the fact in this transfer petition is, my name is not in the chargesheet but he included me in this petition without any reason and without any documents against me , and he mislead the court,and he also include the ipc sections 34,325, in transfer petition even they are not in chargesheet,he also cheat the judge,  i filed objection against to the main petition,but unfortunately  petition was allowed by session judge.and unnecessarily my name is continued in this case ,so i want to complaint against advocate to bar council of karnataka as an advocate act 1961 section 49 sub section 1 says  duties to the court

1. rule  4 says an advocate should not mislead the court.

2.rule  5 says an advocate shall not influences the decission of the court by any illegal or improper means.

so please give me any suggession regarding this how to complaint against advocate.

Govindaraju M P   10 October 2019

how can we find out the barcode,roll number of an advocate? we don't no the barcode roll number of this advocate.  

can we file complaint against advocate with out barcode,roll number?


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