Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aneesh Trivedi (Advocate)     29 August 2016

Sudden entry

On the day of final arguments between adovcates, wife suddenly came in court without knowing to anybody even to husband early  and told judge to give heavy punishement to husband under sec 498 A,

questin is :

why she came on that day while her appearance is immaterial?

does it affect judgements?

note: for her evidece she not appeared almost for 2 years when arrest warrant issued the she came for her evidence during full trila since 2009 she came on warrant and now at last stage she again came and meet directly to lady judge,

as it is mind legal battle suggestin reqired from experts what is the new twist it this and what will arise since case will finishe within 10 days i mean after arguments of advocates the next date is of decision.

please give your suggestion to get alert from her new ............. attack........... what will be that.?

thanks to alll



Learning

 17 Replies

Sidharth   29 August 2016

She still have right for argument on final stage but nothing to worry court have to pronounce the judgement on the basis of evidence/cross examinations while trial

Sandhya Srinivas (Advocate & Legal consultant)     29 August 2016

The Judgement will be absolutely based on documents on record and evidence. Her statements of heavy punishment will not be considered. 

Many clients emotionally express many things in their cases, but judge has to follow the procedure not the emotions or feelings. 

 

Aneesh Trivedi (Advocate)     31 August 2016

thanks to Sandhya Srinivas and   Sidharth I am Online

we also thinking the same but as it is a mind game so we have to keep an eye on every movement of opposition.............................

as it is last stage she did not appeared till now even after sending so many notices just after when warrant issued then she came,

Yes I agree judge will follow the procedure but just see here also if male or say victim say anything in this manner then it will count as contempt of court many time judges will take it as negative approach of him,

so same will not be for her.....................

 

 

Aneesh Trivedi (Advocate)     07 September 2016

again another fooolish HIT by wife:

after advocates argument of date 2nd spetember the next date given for final decision of 21 september by judge but

wife appeared in fornt of judge and again cried the same she came before the judge without any date , without any notice and summons or call, on 5 september ,

she told judge that " i am telling everybody that judge had given acquittal to me "

it is false staement of wife , but i am again worrying is this make judge mind agaist me..... till decision will not come this situation these worries will be there as it is human nature.... but legally i know this wont affect but still this make some menntal trauma

please suggest what to do............

stanley (Freedom)     07 September 2016

@ Author .

Once the evidence has been closed and the arugments have taken place there is no impact on your case . Now is the evidence in your favour or he her favour is a question mark . only the judge is aware of this and not us . 

She can come and dance and cry in the court  but it wont impact your case since the judge would go through the evidence/cross examination  and arguments and submit her judgement .

 

 

Aneesh Trivedi (Advocate)     08 September 2016

stanley

I am fully agree with you, as we discuss before also there is no MLC, not a single evidece from her only oral and vauge allegation like i am terrorist bla bla..............

my advocates is happy by her this attitude-- he told she herself coming without date and telling this indicate that ours last advocates argument [ submitted in return ] automatically verified as her statements not corobrated with FIR, and her evidence so this analysis time of judge surely go in our deep favor..........

any way but as a victim it created 01% tension , doubt in my mind as i am waiting for decision since august 2009 did lot of home work , seek and followed on the guidance of experts from these forums truely followed , keep patience collected evidence

in mean time even many pepole abuse me, to many people i requested from many people i get humiliated but at last best work come out and that satisfied me like even supreme court cant find any point agaisnt me in my 498A case.

this last moment full of little confusin but still positive hope......while wife is unstalbe she is coming form 600 KM without any date or call, while when court calling her she was not appearing even arrest warrant [ non bailable ] was issued against her and she got punishement of 5000 RS she submitted that ammount  but now she is coming useless.. this shows fear in her mind as after i will file counter cases.. and she have no escape form that

another point may this she is coming for compromise...... as she have no capacity to fight a single case till now i won sec09 in 2010 filed by me sec 24 in sec that sec09 i won

sec13 by her was not pressed in 2009

again sec 13 by her is dismissed in early 2016. in this also sec 24 by her i won

so in this way cleary five cases are in my favor\

i filed execution against her in high court [ this case is just to hang her  if she says i refused to live with her or i abandoned her this was her allegation in second sec13 ] so  i say to court that i filed a case execution of restitution of conjugal rights if she wont came the give her punishement related to excutino case................................

any way these are circumstances now waiting for final decison in third week of this september the decision is of long awaited 498A, in short i fight this case strognly contested without compromise... attentend every date lost the job of overseas upto salary of 1.5 lac per month.....

Heartialy thanks to all experts and well wishers................

Aneesh Trivedi (Advocate)     14 September 2016

Experts please highligh something as decsion date is coming , heartbeat reaches high meanwhile can i do something more....................

sai narayana   14 September 2016

498fighter bhai

It's commendable that you are fighting and winning cases vigorously but are you not letting yourself down by leaving a good figured job and also sacrificing rosy phase of youthful life which we are supposed to by opting a MCD.

Aneesh Trivedi (Advocate)     14 September 2016

@sai narayana

SIR i aprretiate your view but if i make my self busy in earning then it is almost not possible to fight as you know our judiciary process is lamb and too much time consuming which dont care about time of any body............................ while any private job is one to one second countable.....so i opted fighting choice as to get something we have to lose some thing\

for pride and honour { ya sure for mens self respect} i fight .... at this level for myself and if it become citation or ruling then for all falsely implicataed victim.....

i sure some one will get benefit of it, at least one person get motivated by me.... then i get suceeded

now come to point of sacrificing rose phase of youth ful life : this was already lost when better half turns herself in bitterhalf........means when she filed false case then what is the casue to imagine another lady who might show the pink days of life.......?

yes of course hope never dies and i will go for that hope after coming our from this mess and when this false lady get punished i try to manage for myself....if needed i will take your help toooo......?

whatnot   14 September 2016

I wish you all the best.

You're a fighter.

May justice be served in your favour.

Let's all pray.

Yes. I agree sometimes cause, honour is worth fighting for.

Good luck, Sir.

 

Aneesh Trivedi (Advocate)     14 September 2016

whatnot

thank you very much, always need you and all experts well wished and guidance... to fight agaisnt such fraud , false and b*tch cunning ladies.....

here i am seeking wishes for the cases  i am going to file against her, as not the battle begins now....

till now she was fighting with the help of state , with the help of corrupt police and biased judiciary system which is of prejudice mentality

now in counter case she is alone with the fear of counter she is coming in court without hearing date and making drama crying etc etc this is in between final decision date and after adovcates argumnets date ,

advocates argument date she missed that date was 3rd septembet saturday she thought it 4th was sunday she was thinking it as 5th monday she missed as she was appeared on 27th of last month but judge was busy on that and argument was postphoned ..........

she wanting to create drama on argument day to spoil our argumental battle but we gave written argument also;

as every one knows when arguments was going on judge was busy in listing other case, lot of distrubances are there if she was also there then imagine how much drama will be there..... but by god grace she missed and we i mean my advocate was alone there and loudly argumented almost about 110 minutes......... prodice almost 24 ruling, citations at present while 15 ruling and citation are previously in sec 239 at discharge level was already produced so during in that 110 minutes that were also discussed....

we did our job.... rest is in the hands of god.......

thanks for your wishes.....

Aneesh Trivedi (Advocate)     16 September 2016

at what time judge announce the decision,

in morning, before lunch or after lunch?

 judge will call the accused? or he has to go himself...............

as i had not seen any criminal judgement so i am confuse...

if decision is against or negative what precautions we need ?

though i am fully confident that decision is in my favor, but still.........................i am in little fear.

 

sai narayana   16 September 2016

If decision is negative go for revision/appeal which entitiles you bail obviously.

Aneesh Trivedi (Advocate)     24 September 2016

Yesterday i won 498a clean acquittal............ after a battle of 8 years thanks for support and valuBle guidelines oll all experts

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