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mrindia (proproitor)     24 June 2014

Caw cell

dear sir,

i have atteneded approximately 9 CAW meetings till now and i am fed up of attending it since i live in NAGPUR AND MY case is in delhi but the girl is from jaipur and none of the incident in the complaint mentions delhi.She is staying in delhi.in her uncles (mamaji) house who is supporting her for these cases as she doesnt have a father.her uncle (mamaji) is very greedy all he cares about extracting money from us,he doesnt care about my wife's and kids future .

coming to the question:- i have DV case on me as well whose 2 dates have already been passed my motive is to stop  fir in CAW cell.the complaints are identical in both the cases. can i send a letter to IO or ACP asking to stop the proceedings of CAW cell as the matter is already in the court and DV act has provision to file 498a under section 31/3 if the magistrate feels .

please advise



Learning

 1 Replies

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

Please appear in High Court in-person and file Civil Writ (Article 226) as their process is violating your constitutional liberty and rights. Sample petition is attached on the following link.

 

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

 


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


Article 15 in The Constitution Of India 1949
15. Prohibition of discrimination on grounds of religion, race, caste, s*x or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, s*x, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, s*x, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes

 


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