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DharmeshShah (Self Employed)     13 December 2012

Straight legal opinion needed:false498,bail rejec highcrt


This is wrt my earlier posts regarding our plight in False 498a and DV case, I would request a simple straight legal opinion

( NOT suggest us to go to Supreme Court at this stage we simply cannot afford it , already wasted all hard earned savings, brother may lose his job because of continous leaves and old mother already had a severe High BP attack and we fear losing her under the trauma of arrests by the money managed and power technics)

FIR registered against my innocent brother, ailing widowed mother and myself who is already married (before brother's marriage) 2 1/2 months back

1. FIR registered in KOLKATA : Place of Jurisdiction mentioned as Mumbai. (SHO confirmed dat she was forced to lodge this FIR under pressure from Seniors and Politicians)

AB Bail (notice 48hrs) already recieved from Mumbai before FIR got resigtered.

AB Bail application REJECTED (all 3 of us)in Sessions court and High Court (KOLKATA) (infact our AB bail application glorified the girl's side and hearing was delayed till 2 mnths, by local lawyer who was managed.) we got to know the high court bail is rejected after 10 days of rejection order was passed.

My question

1. What the the simple,straight and effective options vailable to us  to get this FIR closed or atleast transferred from KOL.

2. Right time and way to file our grievences (counter cases) for which we a evidences.

Please reply from Legal point of view. we are nearly shatterred by such events inspite of being innocent .(pl.note that i am again in the risk of Losing my ailing mom because of these untold trauma they are facing)




 17 Replies

DharmeshShah (Self Employed)     13 December 2012

Hi Ashish,

Thanks for your reply.

1.Now what needs to be done either to Go to High Court (KOL) for quash which is highly improbable or to approach supreme court for AB ? what r d chances ? SIL has alleged dowry, and forced abortion as grounds to make her case strong.

2. I recd 1 opinion to file an application to M.Magistrate (KOL) , citing supreme court decision over jurisdiction  . Would that be effective ?

3.Meanwhile since supreme court is going on vacation in the meanwhile what else can be done to prevent arrests etc.

Thanks for d advice, we always had a good case , but these events of our absence and deliberate bail application made our case miser. we've not yet disclosed my mom abt the bail rejection, she may not be able to bear the shock.




Munirathnam (Scientist)     14 December 2012

Hi Payal,


Try to understand the system how does it works and below some points may stop the police to arrest any body.


  1. Being the case is under investigation, you have every right to file counter case against the person who made flase case against your family, I support you to file as early as possible but no flase case from your side.
  2. Show the evidences to the police to counter the your opposite people case but make sure that after your opposite party disclose all te details of their case you will disclose yours, else they my plan to get new allegation to implicate you in the case.
  3. If you have very strong evidence to prove that your opposite side made allegations are false,please make case agaisnt them at your place involking section 179 of CrPC (jurisdiction provision for affected person).


Do not sit idle hoping tha tthe police will reveal the facts without your support and your information to them. If you really affected by the false case filed by your opponents you can always file case against your opponents, law never says counter complaint is not possible.


As you mentioned in the above post, file application in Magistrate court stating that that Magistrate COurt has no jurisdiction hence the FIR must be transfered to concern police station by the police.




File petition in High Court seeking Orders to police to transfer of FIR to concern police station through police. In this petition in High Court again you can seek Stay of all proceedings including arrest of accused till disposal of Quash petition.


Just verify weather your High Court advocate is cheating you, beign you said your opposie party has influence... etc.


Also explore to file anticipatory bail again in High Court on relevant grounds. It is possible to file AB multiple ties on change of circumstances.

Munirathnam (Scientist)     14 December 2012

Ask the police to verify the documents that are submitted by your opposite to the police alaong with the compliant and you file application under Right To Information Act to get all the copies of documents those were submitted by your opposite and aslo ask the police about the information that is required from you (accused) to co-operate with the investigation.


This makes the police to think twice before they arrest you being there is no reaosn to arrest till complete invesitgation being you are supporting investigation.


This attitude makes the High Court to grant you AB being you are co-operating with investigation without any issues.

Munirathnam (Scientist)     14 December 2012

If you file counter case that could be change of ground for you to get Anticipatory Bail from High Court being you will be fighting the case and there will be remote chance that you will escape from law.


You may consult good advocates to get multiple options.


Simple rule that if you are innocent definitely you will go to police or court to get help or justice. Hence make your compliant/representation and get help/justice, then only anyone can believe you at leat at that time of your representation/complaint.

Munirathnam (Scientist)     17 December 2012



Do not say that the law in books is different from the law that is implemented.... this happens with your in efficient system and inefficient lawyers (Govt.) who never fought for clarity in law in favor of Citizens of India.


I filed counter complaint ahd made arrest of the 498A case witnesses and complainant. But every lawyers said that counter case is not possible.


Just by filing the counter case I got lot many evideces to suport my case as well as the case filed by my opposite. Otherwise all those evidecnes would have destroyed by now.... if I would have waited for trail till today.


Mr. Ashish, do not imagine that only lawyers can think and find the truth.... remember that the way scientist ding the things so deep to find the truth can never be done by lawyers..... if you have any challenge send your number through PM we will take some issue and prove it.


Surprisingly you did not state the problem in the approach I suggested. Means you did not understand the matter BUT STILL YOU MADE STATEMENTS.

Your approach never give justice and even if it gives it will be after 30 years from now....think about it.



Every lawyer says do not file counter complaint and at the same time they never say no soulution for the offense committed against you and your innocent family.... its strange that the real victim is not advised to file case against the actual criminal and the lawyers admit the inefficiency of their skill and the system in protecting the innocents. If accused has done anything then certainly accused should not file counter case else he/she must file compliant and get justice.


During the investigation of the 498A case the police never give oppertunity to the accused to hear the truth and to collect evidecne in support of accused hence they will get sotry by connecting the pieces of information from wife side and then report will be filed in court.


If this happens the accused is the party who drive the police to make false report against them..... because accused did not open the mounth to defend the flase allegations with the help of evidences that support accused.....

Munirathnam (Scientist)     17 December 2012



if you do not become scientist by reading NASA then its your inefficieny and it's your inability. And also you are thinking that by reading name of NASA you can become scientist. This is the depth of lawyer in this aspect but the scientist never think in this way....


Do you know that scientis never believe anything just by reading a book, they need multiple sources and results to belived any theory or result.... they verify the contects of book with experiments eventhough those were actual results from earlier experiments ....


But what most of the lawyers are doing.... just they cite Supreme Court judgement and argues in court .... opposite lawyer also comes with different set of Supreme Court judgements and orgues....


How come different laws exists ... what is the reference to say anything.


It is clear that people of India and also lawyers are not aware of actual law but still claims obeying the law.  Strange system and you are making comments on scientists.... great man.


Munirathnam (Scientist)     18 December 2012

Dear Ashish,


By filing the counter case (genuine case) the person could get the evidence through the police and same could be used to get anticipatory bail being the opposite party (police/state) can not deny the incidents those will be shown to the court at the time of applying for anticipatory bail.


I do not know how you could miss this simple logic .... amy be you are thinking that I was suggesting to file false case, but it is not.

Munirathnam (Scientist)     18 December 2012

You check the status of T.P (Crl) NO: 5/2010 on the file of Suprme Court. Its my case.


Brief facts:


Wife filed 498A at her place and police investigated at her place and filed charge sheet at her place. After charge sheet is filed in court husabnd filed case against the wife and LWs at his place U/s 120B of IPC, 500 IPC, 384 IPC etc.


Police initially refused to investigate and later through Court i made FIR registered. During investigation I got many documents that are required to defend the false 498A against me.



Judgment of Hon’ble Supreme Court of India in case of Babubhai Vs. State of Gujarat & Ors. [2010] INSC 663, in this case Hon’ble Supreme Court of India held that:


“Recording of more than one FIR in respect of same acts committed on the ground that the police is required to register the FIR on the basis of the information provided and that "where the version in the second FIR is different and they are in respect of the two different incidents/crimes, the second FIR is permissible".

Munirathnam (Scientist)     18 December 2012

Now you answer me which section/sub-section of any procedure/law/act bars the victim of crime to make complaint to get justice upon which you are telling that the counter case/victim case is not possible.


I would really appreciate if you answer this point with any reference, if your reply is not speaking with refence to the provision then you must not quarrel with me please because till now I got remedy that I needed as per law.


If lower court and High Court and Supreme Court did any wrong in accepting my prayers, please let me know your reply that speaks itself.


Munirathnam (Scientist)     19 December 2012

Again you are asking same question about the sections of IPC under which victim can file case.....I never said that there is unique section that attracts to everyone. In my case I invoked some IPC sections and in others case those could be different.


Why I got sucess in filing the counter case on relevant grounds.

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