Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

How many of you are planning to fight your cases in-person

Page no : 5

Fighterr 26 (GOVT.)     02 October 2014

sir I am a victim of 498a/crpc 125 since 2011. In my 498a case the opponent party just wants to delay the case. After 3 years in last 23 August 14 complainant's cross over. earlier one BW issued against her. In my case total 9 witness is there including 3 police person 2 IO and OIC. I am already win 99% from her cross examination. It took 4 dates to complete her cross exam. and each day she narrates different story. On the other hand I have ample documents to proof that her allegations are 100% false.

Sir it is requested if anyone have any judgement copy of kolkata high court of SPEEDY TRIAL plz upload or send to my email mdalam1088@gmail.com

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     11 October 2014

Dear Friends,


Sorry for late reply. I fought my speedy-trial case in-person (Without Advocate) without any citation in Calcutta High Court and got success.


But no doubt, if you produce citations in favor of your imputations / claims / prayers / reliefs makes you case stronger. 


Please see the following link for Speedy Trial judgements of Calcutta High Court U/S 483 CrPC.


https://www.indiankanoon.org/search/?formInput=speedy+disposal+of+case+under+section+483

1 Like

Siv (engineer)     13 October 2014

Hi, I am doing 498A case Party-In-Person. In my 498A case, I am accused-A1, the allegations present in the questions asekd to me U/s 313 CrPC are not part of the Charge Framed U/s 240 of CrPC. Only one allegation present in 498A case hence charge against me is only 02 lines in length.

 

Whereas during the questions asekd to me U/s 313 CrPC the court asked many questions with the allegations present in Chief of PW.1, PW.2 and PW.3. Also relevant to say that the allegeations of PW.1 is different from PW.2 and these again difers with PW.3 stated allegations.

 

Because of these circumtanes I could not ask any questions to PW.1, during cross-examination, with respect to the new/different allegations made by PW.2 and PW.3 and also being these PWs allegations are not part or Charge the accused-A1/Husband not prepared for cross by collecting documents to confront them in cross....(there is no time because Chief and Cross done on same day)...

 

 

Also as per charge framed U/s 240 of CrPC no allegation happened at HYDERABAD hence I filed petition U/s 177 and 178 of CrPC seeking return of charge sheet to the police so that then can transfer that case to Bangalore where allege offence is happened whereas now cort is saying that in CHIEF of PW.1 (whihc is after framing the charge U/s 240 of CrPC) stated one incident occurence at Hyderabad but others PWs including police not stated any such incident occurence at HYD and for the jurisdiction this allegation is enough for the court... then dismissed the petition ... till disposa of this petition Accused-A1/Husband do ot know that court is expecting to disprove this allegaton in trial/cross of PWs.

 

 

Now I am planning to file petition U/s 240(2) of CrPC Read with 313 and 468 of CrPC seking explanation of charge and comply with Section 240(2) of crPC then recall all prosecution witnesses for further cross-examination.

 

Please comment on the above.

 

Thanks.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 October 2014

Dear Siv,

 

You are fighting excellent way. You are a true fighter.

 

I would like to suggest you to make speedy trial also from High Court in-parallel else the case may drag life-long.  I think you are fighting from last 5 years or more. Please make speedy trial immediately.

 

Did you file perjury / 190 IPC also in counter for giving contradictory evidences (PW1, PW3 - - etc) ?

Fighterr 26 (GOVT.)     13 October 2014

Dear members

In my 125 crpc case my lawyer joins hand with her lawyer and did not fight at all and the judge also jabor dasti order 5k in 2013. There after I appeal in district court and there after high court. And high court interim order of 4k in march 14 and  is pending now. I filed 10 documents in the lower court but my lawyer did not exibit these documents which clearly proves that she is telling 100% lie and narrates the wrong event which not at all occured. In 498a case she her cross goes for 5 days she each day she narrates different event. for example one day she told that from hospital she goes to her inlaws house and another day she told from hospital she was transferred to another hospital. One secret letter written by her to her parents where she praises my parents and on the other side she tells her parents how to make conspiracy to destroy my family. On the last day of her cross she accepts that it was written by her and the signature on it is her. now my question is that

 

 1. Can it be exibited in hc ?

2. If I win the 498a case then can I got the dismissal order of 125 in my favour?

 

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

Dear friends,

 

these corrupted lawyers are the parts of the extortion racket. No lawyer will help you in this cases because this is their business.

 

You should help yourself. Please appear in High Court with Article 227, Indian Evidence Act 1982 and CrPc 311 in Criminal Appellate Jurisdiction will all of you proof. Please highlight your proofs properly, Make to-the-point and proper arguments. This this will help you.

 

Please also file perjury in the same court wither 125 is going on. Since you are a Govt. Employee, You don't have any choice other than fight.

venkata Peddi (It consultant)     19 October 2014

Dear Rocky/ Friends,

I have been missed in conversation for more than a month and missed all your valuable information.

Now i will directly come to point, as mentioned before, my wife main aim is to destroy me and my family(Which she keep on telling from day1). My work not only useful for me, it is useful for society also.

Most of the lawyers telling that i have attend case for every hearing, as i am in UK it is not possible for me for all hearings, so can i ask for relaxation in this. If so is there any cases i can read for my reference.

Also i would like to make my petitions by myself and argue my case by me in all crucial situations, Is it possible for me appoint a lawyer for me and prepare petitions, cross-examin and argue my case by myself in all crucial situations.

As you all know the cases run very late in court, i don't want waste my time, which is directly related to my carer. I have a full confidence that people like me is defanetly needed for this society. So i ready to take pain, but don't let to loose my career and my case.

Please please give me references and information documents. I have 3 months time to attend next hearing, so i would like make all the documents to prove my honesty.

Regards,

Venkat P

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     19 October 2014

Mr. Peddi, It will be there dream to bring you from UK.

 

You have two options -

 

1) Appear in HC with some lawyer or with some relative-in-person on behalf of you for Speedy Trial and get the order. Submit it to the JM and appear through you lawyer and other relatives who are incurred in this case. You need not come. Your lawyer will represent you. Get it dispose of.

 

2) Since you are in UK then can't do anything if they don't know you employer details. If they don't know your employer details then don't come here and start a new life their.  

venkata Peddi (It consultant)     19 October 2014

Dear Rocky,

Thank you very much for your reply, you're most helping person. Is there any reference cases or laws to follow for my situation. If there are any referral laws can you please suggest me.

 

Mean i will search for the same, I would like to go with strong petition, so that Respected Magistrate  accept my request.

One of the most important information is that my wife follow all my messages. But I have confidence that i have not done any mistake not took single penny from them, including for my marriage. So i have to fight and prove it.

Regards,

Venkat P

 

Originally posted by : Rocky Smith 


Mr. Peddi, It will be there dream to bring you from UK.

 

You have two options -

 

1) Appear in HC with some lawyer or with some relative-in-person on behalf of you for Speedy Trial and get the order. Submit it to the JM and appear through you lawyer and other relatives who are incurred in this case. You need not come. Your lawyer will represent you. Get it dispose of.

 

2) Since you are in UK then can't do anything if they don't know you employer details. If they don't know your employer details then don't come here and start a new life their.  

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

Sure, please fight properly. Misuse of law, no excuse. Ask them (PP – Public Prosecutor) to show any bank transactions or any proofs that money has been given or taken during the argument. Good Luck!

498a victim please advice (o)     27 October 2014

Thank you for your valuable reply.

i am false 498a victim.

i filed Restitution of conjugal rights , but my wife is not accepting the summoned.
First notice i sent throught court A to court B (one state to another state )but 6 month passed and till current date no status.

When i asked the notice status from court A they replied you have to go and find our from court B.


Second notice I issued RPD registered post but now she managed the postman, it got returned back to court (reason mentioned by postman " addressie is left so returning to sender").

(here should i use RTI power on postman).

In real truth they(wife) are staying at same place. 
Even my False Fir of 498a, 323,294 , 34 ipc 4 DP act is registered on same address so how addressie can left the place.

Here my RCR case is stuck for expartee degree.

Please guide what next.


Only option left for Pasting of notice at wife's house and then take order for O5 R20 for publication.

Can both Pasting of notice at wife's house and order for O5 R20 for publication can be taken from judge...as its a long hearing , tarik pe tarik.

Also please tell how to file RTI on postoffice , postman, Supretendant of court.

Please suggest.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 October 2014

My opinion is, If you don't wish to take back your wife then filing RCR is simply worsting time and money.

 

Please go for Speedy Trial and get out of 498A and file divorce on Cruelty and Desertion ground.

 

Speedy Divorce proceeding is petition is also in my this thread. Please appear in-person (Without Advocate) and win.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 October 2014

Sample RTI is also in my this thread.

 

You can file RTI application to any public authority by mentioning that if it seems that the matter is not relevant to this authority then forward it to the concern authority as per U/s 6(3) of RTI Act.

1 Like

venkata Peddi (It consultant)     31 October 2014

Originally posted by : Rocky Smith

Sure, please fight properly. Misuse of law, no excuse. Ask them (PP – Public Prosecutor) to show any bank transactions or any proofs that money has been given or taken during the argument. Good Luck!

Hi Friends,

First of all my apology for asking many questions and lot of information, but i don't have alternative. I hope every one can understand.

Can someone provide me a sample documents or the links documents for filing petition on CrPC 205 and perjury. Once again thank you very much and thank in advance to each and every one.

Regards,

Venkat P

Umesh (Senior Executive - MIS)     31 October 2014

Hi,

In my case still chargesheet is not filed by the police at lower court. However, I am follwoing with police for get it done. I am planning to fight my 498a, 506 & 504 case on my own.

 

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading
Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query