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Friday, April 9, 2010

Pre- 498a Steps

If you fear/know that a flase 498a complaint is going to be put on you :-

•Immediately file the RCR, if your wife is separated from you(Restitution of Conjugal rights is like saying” I want my wife back(who deserted me), but with the following conditions"- but since the wife's intention itself is wrong, she won't be able to agree to those conditions(u can even make the conditions more difficult and impossible, to make sure that she will not come back) , it is similar to divorce petition only thing the prayer the same will be asking court your safety , avoid harassment , blackmailing .

•File a police complaint mentioning Blackmailing, threat for false dowry case, or any other thing you have the evidence for. Do not forget to mention that she had left the house after taking a lot of jewelry and cash in your absence, as the case may be.

•Recording all the conversion if any(telephone recording devices, or miniature recording devices when in person discussions happen).

•File a criminal case in court under 156(3) under read cr. procedure 200 , with reference to police complain .(these are sections in the Code of Criminal procedure(Cr. P.C in short), 1973, reproduced alongside: Cr.P.C Sections 156. Police officer's power to investigate cognizable case
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned 200. Examination of complainant
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:

Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

•Take the certified copy from the court and keep with you.

Now just relax and whenever you come any place for discussion, just submit the court petition and say whatever you feel right do it, they are the criminals, you are not.

This will definitely ensure easier bail for 498A , which is the main problem .

1 comment:

  1. Irrespective of what the courts have set out about no-arrest, avoiding misuse of law etc etc arrests and threat of arrest do happen day in and day out…just on the basis of the woman’s word.

    Further The DV act makes marriage a very dangerous proposition in India

    Males are the biggest victims of the marriage industry.

    To add to this Sohaib and a 1000s of others have added to the morass by paying huge ransoms to women who file false cases and harass them

    More rape cases (recent ones, where consensual sex has now become rape) at http://bit.ly/cnt3td

    ReplyDelete