Dear Sir/s / Madam/s
Following is abstract of FIR and sequence of events followed by FIR are given. Please advice. Because present scenario is that even today no advocate of concerned court is ready to defend me. My income is not only low but also unstable due to stability of Job. I cannot take services of competent advocate due to higher pay out, services from other court is to high too afford.
I am at the risk of life while appear in court. Goons in the uniform of advocate can not only beat me but kill me also.
Can I go for FIR quashing in High court. Can under sec 211, I can do anything. I have photograph to prove that I am known to complainant earlier to FIR, or since 1997-98.
I have copies of complaints made by wife of complainant.
RTI information is that
“COMPLAINT WAS ENQUIRED BY PG/CEL/… THE ENQUIRY REVALS THAT THERE IS PROPERTY/METROMONIAL DISPUTE BETWEEN HUSBAND AND WIFE. BOTH THE PRARTIES EXTEDED CLAIMS AND CONTER CLAIMS/ALLIGATIONS AGINST EACH OTHER. A CASE FIR NO…………. u/s384/506/34 IPC HAS ALSO BEEN REGISTERED AT PS ………… WHICH IS BEING INVESTIGATING BY ADDL. SHO/…….,PHOTOCOPY OF COMPLAINT, STATEMENT AND ENQUIRY REPORT CAN NOT BE PROVIDED INN VIEW OF SEC. 8 (1)(G)(H) RTI ACT 2005.
One advocate, Ex- office bearer of Bar Association in capacity of Secretary and President, has influence over Law and order (Police) and Judiciary, has filed an FIR accusing 4 persons under Sec. 384/506/34 IPC. In 2006.
In his complaint M (Complainant) claimed that
He was known to two brothers A and B as friends, and he landed money to them(Rs.3 lacs) for business, and complainant is getting monthly interest for this. From some time, complainant has financial problem and asked A and B to return money. They (A&B) has told him that his Saturn is not favourable and he has pret badha and introduced complainant to X and Y, saying that they are tantric and they will solve your problem. All four has enticed him and took him to shamshan and many places and all four with common intention, and demented me and extort Rs.7 lac with common intention and under conspiracy. And demanding money back now, threatening that accused (A,B X&Y,) have one thing that all four can make naked complainant in society and make complainant life miserable. All four are blackmailing him by threating of that unknown thing and demanding more money and threatening with dire consensus to kill. Now he came to know that he was all four has used something and given to eat to complainant that he has become physically and mentally unsound. During this period accused has got sign on plain paper from complainant. Whenever, complainant ask to get money back all four threat him with dire consensus and tantra. And says his child will be sacrificed. Complainant has afraid of threating. Tantrik Z is under trial in a court of other state for murder. This is done collectively with the intention to pocket (hadapney) his money. Due to the fear of all four complainant is wandering hither thither with his 9 yr old son. Because person are after him sent by accused to kill him. Complainant is getting treating calls for killing now. Complainant was silent and bearing the situation due to fear and social stigma. Please take necessary legal action against X,Y,A&B.
This application was submitted on 14.09.2006 with ACP and forwarded to PS concerned for action. FIR filed on the basis of complaint under Sec. 384/506/34 IPC.
We were unaware of the incidence. On 20.09.2006, news was published in some newspapers about the incidence. Then we came to know that FIR is lodged against us. We start looking for AB. But to our surprise in the concerned court no advocate was ready for the job. Although some of my known were advocate in the court. All have given plea to compromise with complainant on his terms and save my self otherwise no advocate will come forward for this matter in defense or some tried to set aside from the matter. One of well wisher advised me that no advocate will face complainant because of this person and should be looked for advocate from other court. Fortunately, I got services of one advocate from the help of one of my relative for Bail matter. X&Y applied for AB, but it was rejected.
My AB was put before the H’ble ASJ court, where it was proved that FIR is on false and flimsy ground. In FIR it is stated that some time before from the date for FIR, complainant was introduced to X & Y by A & B. and at the time of complaint, son of Comapainant is 9 years old. My advocate proved that complainant is well known to Y (me) producing a Photograph, in which complainant is with me attending hawan ritual at his home with is one year old son.
Learned Judge, grated 3 days interim bail with direction that complainant, his wife and appellant (me) will try to resolve matter in the chamber of Senior advocate of the court on 27.09.2006.
On the scheduled date I appeared in the chamber of concerned sr. Advocate, where some arguments went between complainant and me. Wife of complainant was not present there. In between, I said that I was unaware that has a plan to set me in his matters so that I can be used for the purpose. Hearing my clarification on his arguments Mr. Sr. Advocate discontinued matter saying that, next date bail matter will be resolved.
On 29.09.06 Sr. Advocate set for mediation has detailed to H’able ASJ and recommended to grant me AB. Thus the AB was granted to me.
Meanwhile, A & B has compounded the matter with complainant, being agreed upon resolving all matters between them on paying a sum of Rs.5 lac. Cheque of Rs.1 lac given in court at the time of AB. And a postdated cheque for balance Rs.4 lac to be encashed after 4 months. Within 4 months, procedure for FIR quashing will be proceeded. So the A & B got AB.
During this 4 months period no FIR Quashing proceeding was adopted and A & B approached High Court for Stop Payment of the Cheque. Complainant was called by H’able High Court but complainant was never appeared in the court and at last some H’able Judge has taken matter seriously and directed Bar Association to produce complainant in on the date. This was after 5 years in 20011 FIR was quashed qua in favour of appellant.
On 13.12.2006 we were called by PS concerned and we submitted personal bond and surety regarding our bail.
Now I and Z remain to face the Trial. Matter is pending with MM for framing the charges.
In the FIR police has mentioned the status of Z the address in not known to either complainant or accused.
Three witness shown in charge sheet alongwith FIR and other documents given to us by court.
1. Complainant 2. HC and 3rd Inspector cum Addl. SHO of the PS concerned.
In this matter, FIR is lodged falsely and on flimsy ground to settle personal issued of complainant.
Actual story is different from this.
I and Z too well known to complainant since long time. Complainant used to come to our house with his wife too.
Complainant has matrimonial dispute between husband and his wife (Although she is also a Law Graduate and was practicing in a court of Delhi) since beginning due to domestic violence, dowry and financial matters. In the year 2000 wife of complainant left her house with due information (Peshbandi) to PS concerned and this was resolved by pachayat in 2000.
Their dispute was settled many times by me and Mr. A. During the year 2004 matrimonial dispute became too advanced and aggravated due to adulteration of complainant in addition to other matter which are financial, extreme domestic violence and could not be settle down between two,
In Dec.2006 when we (A and me) wife of complainant was in very bad condition because she had hurt surgery some time ago and she does not wanted to live with his husband. Because of his violent nature.
She proposed that complainant will remain either with his parents or in his other flat for two years and try to control his behavior and if it will be observed by his wife it is ok she will permit him to live with his family, An compromise document on plain paper was prepared along with some other terms and conditions in witness with A, Me an one his family friend who was present at that time with his wife.
Even complainant has not left his wife spare an tried to trans pass and torture her. We were informed by complainant and asked to settle the matter. Me was vary annoyed with situation and wanted to be away from the mediation. When I asked him to ask for mediation from his other advocate friends, he argued that matter will be public and will harm his image in court, as an result his political status will be effected. And requested me to settle his issue with his wife.
We avoided them in their dispute. His wife has called up police many time but due to his influence she could not protect herself from his cruelty. She made so many complaints in PS but no action was taken by police.
On 08.03.2006 wife of complainant reported concerned PS for kidnapping of her daughter from school with other threats. But nothing happened.
On 02.05.2006 she filed a complaint with Delhi Bar Council against her husband. The Council settled their matter by separating them with one child each. Son with Complainant and daughter with wife. She was living alone in her flat.
In the middle of May 2006 complainant meet me and informed about the action taken by his wife. He shows his fear of cancellation of license of practice. He wanted me to favour him to be witness in his favour against his wife. He wanted me to prove adulteration between his wife and his friend A. I strongly denied to favour on this ground. I was informed by comaplainent that property of in-laws has been sold out and amount was shared by all three sisters. And his wife has given her share to A. Comaplainant want this money back. If I favour him he will manage to get that money back from A.
I denied to do what he wants. He told me that if I favour him, he will save me otherwise no one can save me from his music. Although I know and understand his approach with police upto Commissioner and judiciary upto Supreme Court. He has cordial relations with Judges of High Court and Supreme Court Too. I was not threated by complainant but advised that road rages and accidents are common and sometimes people die in this. He knows all way to pressurize me to obey him. He can take to the extent where I will be ready to do anything as per his will and wish.
On 01.09.06 wife of complainant has given a complaint to SHO of concerned PS,
On 06.09.2006 a police person visited my house and informed me that a complaint has been given in the office of ACP Vigilance, and I was called upon there. When I reached there, ACP has left the office and I was asked to present before him on 07.09.06. There complainant reached alongwith 50-60 advocates to create pressure. There our byans were taken, wife of complainant was present at that time.
On 11.09.06, wife of complainant has filed a complaint with CAW.
On 14.09.06 complainant has filed an FIR against us as referred above.
