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Harinath (employee)     03 August 2010

Need help: 498a.DP4 nand 307 IPC filed by my wife.

Hello Forum,

I have 498a/DP4/307 IPC against me, FIR registered in Jan 2010. Charge sheet filed in March 2010, but framing of charges did not happen till now.

Allegations mentioned in the Charge Sheet:

1) She gave 20 Lacs cash, 40 Tolas Gold as Stridhan at the time of marriage.

2) Additional 2 Lacs cash was given on a later date, when she was harassed for addl dowry.

3) She came home with Rs. 1 lacs worth of white goods.

4) There were 3 murder attempts made on her …

a.  1st time on 30th May 2009 – She was given a bottle of petrol and was asked to set herself on fire. No timing of this incident, any injuries nor witness was reported in both FIR and Charge Sheet.

b.  2nd time on 1st Aug 2009 – she was necked out of the home and then she fled my home. Timing was mentioned for this incident, between 9-10 PM, and fake witness was created in Chargesheet, but in FIR she did not mention about this person at all, also no injuries were mentioned in both FIR and CS.

c.  3rd time on 12th Jan 2010, between 9-10 PM– me and my family along with some unknown persons reached her place from Hyderabad and attempted to kill her with her chunni. I have 2 perfect alibis for the incident she mentioned on Jan 12th … a) Credit card transaction with my signature @ 10.29PM….b) ATM cash withdrawal @ 9.12 PM at Hyderabad. The scene of the murder incident on Jan 12th 2010, i.e her native place is, some 400 kms away from Hyderabad.

As a result I had stayed in jail for 26 days and also lost my job. My next job offer that came asked to submit an affidavait that I hd no criminal registered/pending against me, when  I confessed to the about my 498a, they had revoked the job offer letter. I have submited my employemnt to court saying i lost job bcos of false case..

Police did not collect required evidences from me and hence I filed CrPC 91 application in the court making Citibank, Airtel, my wife, Mahila PS SHO and my wife employer as respondents to collect relevant proofs. On my next date the Judge had fixed my CrPC 91 application for argument with APP. Also, Judge instructed my lawyer that all respondents be sent xerox copy of CrPC 91 application asking for replies.

My questions:

1) What argument can happen on my next date? What are the grounds that my APP could argue?
 

2) Can i file any writ in AP High Court directing the lower court to complete trail in 3/6 months? Reasons i want to tell is no. of days in jail. Lose of employemnt opputunities and that my parents are old and sick..( father is heart patient andMother is paralysis parent).
 

3) I recieved RTI replies from my FIL govt office about his retirement benefits and payouts from past 10 years..his earnings were meagre to what he claimed to have given me dowry...and also district Land Records on immovable property details... I did not submit these in court yet...What is suggested? Hold it still trail starts or can I file to the judge directly on my next date.
 

4) I wanted to file RTI under Life and Liberty to Mahila PS asking the same details as asked in CrPC 91..is it recommened now or shld i do this latter?



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 August 2010

Without going thru., the documents it is not possible to advise.  I have posted the rulings refer  it will help.

Harinath (employee)     03 August 2010

Adv Rajeev,

Pls help me understand what documents are you referring to...i shall clarify the same for you...

If it is CrPC 91 application: Then below are the points I hv mentioned:

1) Collect all the investigation report from Citibank, including the transaction charge slip copy from petrol bunk and ATM slip from them...Citibank also responded to my grievance email and sent me complete investigation saying that Jan 12th 2010 transactions are not disputed...Respondent 1 is Citibank in my CrPC 91 appl.

2) Collect Cell Tower Location details from Airtel for Jan 12th incident, since I have made 4 calls between 9-11PM and I was present @ Hyderabad. Also requested court to direct Airtel to submit all the itemized billing details from May 30th 2009 to Jan 30th 2010, since my wife had alleged that she made phone calls to me on dates mentioned in FIR and these calls were never made...Respondent 2 is Airtel in my CrPC 91 appl

3) Collect details identity details of a witness in 161(3)..SHO had created a fake person as witness in my Chargesheet, as witness to Aug 1st 2009 attempt to murder incident and mentioned that he was my neighbor...SHP mentioned municipal door nos. for all witness LWs 1-6 except for this witness and he is LW7 in my case. ...apart from this some statements to be collected from my neighbors and her neighbours..since when murder attempts were made my wife alleged that she raised alarm and shouted and fled my home...my reasoning was when there was a commotion then neighbors will know, then why did the SHP fail to collect neighbors witness...also requested court to direct the SHO to present all material evidences of Dowry ..20 Lacs and 40 tolas gold in terms of photographs, bills, bank stmts, etc from my wife and submit to the court...SHO is respondent 3 in 91 appl.

4) My wife herself wrote some emails and chats to me...i hv close to 200 pages of emails and chats...from May 7th 2009 to Jan 6th 2010...where she never mentioned about these murder attempts and also confessed to me that we never demanded dowry...I prayed the court to collect these emails and chats from her..apart from these..i also prayed the court to collect relevant SMS's that my wife had alleged in her FIR where the contents of the SMS were life threatening to her....truth is no such SMS were ever sent to her...also when I was in jail, my wife sent me an anonymous email which read as " I wanted to stay quite but nobody allowed me".....latter after somedays she accidently mentioned her name in her signature...My wife is respondent 4 in my CrPC 91 application

5) My wife acknowledged in her emails and chats that she stayed with me for only 2 months...and we exchanged specific google chats in Aug 11th and 13th that she was away from Hyd, took leave from her office and went to her native place to stay with her parents for a vacation....Hence i made her employer as Respondent 5 in my CrPC 91 appl..asking to present the attendence details and submit leave approval emails to the court...before doing this I also spoke to her HR manager and he said if such summons come from court then it would be legal binding on him and he would reply to court.

Infact my CrPC application is a 13 page document submitted in court...if you could send me ur email id, i would fwd tht to it and suggest accordingly on what arguments would be possible or happen in Court...Arguments are slated in this month mid by the judge...Xerox copies of my CrPC 91 appli are also sent to all respondents by the court, including the APP..

Need suggestions.

Pls help.

Thanks & Regards

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     06 August 2010

Dear Harinath,

The allegations against u are serious in nature. I want to talk to u in person. U can call me at 9871158578

M.Nagavardhan (Accountant)     20 October 2012

police was filled a chargesheet on me & my father in ipc 307section 10members vitness 3members are those who are complients and 3 three members are avidence 2are mediaters for police enquiry 2are 1is doctor and 1is si

in doctor certificate is normal injurious 

the police has presant for court for the purpose of examination only 5members only

3is complenters 

1 is 3rd avidence

1 is mediater 

they are fake but they are giving commient aginst me and myfather the remaining people are giving favour comment on me and my father i am inconfused what is happeing


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