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GAME IS OVER!!
GAME IS OVER!!
Author Message
There are many members who are fighting for their own cause from many years i respect them and salute their fighting spirits.
I will update my post and will reveal each and every single details only when the members comment after reading and understanding the pecularitie
of case.
The 498A IPC is not a uphill task it can be overpowered by following a set pattern or strategy which is unique with every case of 498A.
This is not only another thread, the audience must have to support me so that i may share my experiences with more firmness and keenness.
The learned members will themselves feel amazed that how a boy succeeded so early.
Shall I Begin?
.............................................................................................................................................................................................................
_________________
Dare Devil
I was not in a position to devote so many years of my life, rather instead of seeking justice i took the middle way i.e. to knock down the opponent a
early as possible in this bullshit of cases.
i was just 29 when it all started in my life, the bang bang of 498A.
I read word press surviver guide in the year 2012 and saved the same in my PC to read the same in detail whenever get the time.
The folder is still saved but i looked towards it after i was hit by 498A in 2013.
The survivor guide has become old with time and need updation (this is my view) so plz do not comment.
The brutal part is that i did a love marriage in 2010 without involving a single penny of dowry/gift/article.
Sometimes i ask myself is it not good to take dowry or ask the same from my wife or
arrange marriages are good as compared to love marriage since all things are generally prefixed.
DEMANDING DOWRY IS A CRIME/TAKING DOWRY IS A CRIME/GIVING DOWRY IS A CRIME/INCURRING CRUELTY IS A CRIME---->>> MARRIAGE IS
YET ANOTHER A CRIME OR OFFENCE IN INDIA.
The bride side was not ready for marriage so we did the same and subsequently registered at Registrar's Office. I focussed on bride
Lets look at Law- Indian Contract Act defines what "Contract" is and basically contract involves:-
1. acceptance and offer
2. consideration
3. legal enforceability
TODAY I ACCEPT THAT 498A IPC AND 3/4 DP IS A SORT OF EXTORTION GAME WHICH MUST BE VIEWED AND PLAYED LIKE ANY OTHER GAME OR
PLAY. IN MOST OF FIR AND CASES (90%) THE BASE OF 498A IPC IS GENERALLY LINKED WITH 3/4.
Headlines of newspapers:- man inflicted injury on wife for dowry/ husband is demanding fan, cooler, maruti, flat, land etc etc. /woman suffered
injuries because of dowry demand etc etc.
I will place every piece of information/knowledge in detail but with patience please listen, read and understand the background of case AND THIS
WHOLE INDUSTRY WILL SUFFER BRUTALLY FROM THE HANDS OF HUSBANDS IN FUTURE.
_________________
Dare Devil
My question to your goodself "shall i pay xxx amount to the whore/concubin/prostitute for lending her body to me for x years??
Y SHOULD I PAY?
it looks crap to you but i can bet you are also not gigolo!
_________________
Dare Devil
So the law is not going to change in a day or i have to deal with the present law in order to overcome from the bullshit.
In mine case i would like to mention that all things were preplanned and some were planned through meetings at girls abode, all the relatives of he
side along with her parents were adamant from the begining to use 498A tool.
AS THEY (FIL & HIS GANG) ARE CONVERSANT WITH THESE PROVISIONS BECOZ THEY ALREADY APPLIED THE SAME ON ONE OTHER GUY TO WHOM
THEIR SISTER'S DAUGHER DID MARRIAGE.
The next step is to move an application u/s 155(2) CrPC So as to take order from the Magistrate to investigate the matter.
The all 3 provisions in FIR u/s 155 are all bailable one & there is no harm from them.
NCR IS ALSO CALLED AS FIR IN LAW, IT IS U/S 155 CRPC, IT IS USED UNDER THE NON-COGNIZABLE CASES/OFFENCES
THE WORD FIR IS NOWHERE DEFINED UNDER THE CRPC. BUT FIR GENERALLY CONNOTES TO THE REPORT UNDER SEC 154 CRPC AND WHICH IS
USED IN COGNIZABLE CASES.
_________________
Dare Devil
The Police party was also in hurry to register subsequent FIR u/s 154 CrPC. In order to hijack the investigation the incumbent Police Officer took bri
and register the second FIR.
The breakthrough:
Generally after registration of NCR Police register FIR in matrimonial cases, here in this part of U.P. The reason is husband beaten his wife (sec 323)
after that beaten for dowry (sec 4 DP) & for purpose of dowry he has done cruelty (sec 498A).
The procedure under law was not adopted in this case as explained in my earlier message.
Moreover there were contradictory/coloured version of girl statements in both the FIRs i.e. one under sec 155 and another u/s 154 CrPc.
I REALISED THAT THIS IS LAW AND THIS HAPPENS ONLY IN INDIA THAT ONLY ON THE BASIS OF VITAMIN M, THE POLICE SYSTEM CAN DO
ANYTHING. ALSO POLICE PARTY KNOWS WELL THAT THERE IS NO FUTURE OF MATRIMONIAL CASES BECAUSE 90% CASES ARE FALSE AND SETTLE
BEFORE THE DOOMSDAY. THE CASE WILL DIE ITSELF BEFORE THE EVIDENCE OR JUDGMENT DATE AFTER THAT APPEAL TILL SC WILL FOLLOW & IN
MEANTIME OF APPROX. 10 YEARS SOME SAINT WILL COME BETWEEN THE PARTY AND RESOLVE THEIR DISPUTES AMICABLY.
What I did
I took copy of both the FIRs and medical and after deliberation succeeded in comprehending that "PRINCIPLE OF ESTOPPEL IS THERE & WILL APPLY
THIS CASE ALSO"
I kept quiet and not filed any single case against my lovely, because i Love her lot.
I just want to see the extent upto where she may go. Also in begining months i was busy in others assignments and thought that these things are
stupid and are made for idiots.
Though I could file sec 406 IPC but i did not filed any case.
The investigation of 498A has started after 3months without any mediation at Mahila Thana /CAW or before any Court Mediation centre.
Soon after passing of approx 24 days my in laws fired a second false case of sec 125 CRPC (maintenance)
ONE CAN BUILD ACTUAL PRESSURE ONLY BY FILING CRIMINAL CASES CRPC 125 IS QUASI CRIMINAL
_________________
Dare Devil
I WOULD LIKE TO MENTION HERE THAT I WAS PURSUING LLB DURING ALL THIS NONSENSE WHICH WAS GOING IN MY LIFE
The third case came soon after 45 days in form of CrPC 156(3) with respect to provisions of 452, 323, 147, 504, 506 IPC.
This case was nicely prepared to drag all other family members also.
I was meeting my lovely at the PHD (Pizza hut) and was incessantly pursuading her to dissuade from all this crap. On one side she was meeting me
the PHD and at the other she was digging grave for me and my entire family. Therefore it is said that it is difficult to comprehend what is in womens
mind. She never uttered a word what she was doing behind her back.
Soon the 498A investigation was started and finally the iNVESTIGATION OFFICER JUMPS INTO THE PICTURE.
I heard that the "MEDIATION" process is required before starting investigation and here in our city the "MEDIATION CENTRE" IS in court complex.
I inquired about the mediation centre and to my surprise i was present in mediation dates on papers only and the period of mediation was over now
Also MC already send its report to the Police Station to start investigation.
Thanks to the corruption due to which my inlaws were making pressure on me.
With money power and diplomacy i was entangled in the deep bush of legal authorised source of extortion.
When i was busy in exploring the offices and mediation etc i was already have to file reply under 125 crpc and IO was making pressure by saying YO
MUST HAVE TO GO TO JAIL.
And the next criminal case is being concocting at low flame in the Court room.
To my surprise me and my lovely were talking on phones, chatting on fb, meetings at Pizza hut.
THE RETALIATION
10 SEP 2013
By putting a huge stone on my heart i plunged into the Legal scuffle which could take n number of years of my life.
But for a cause i have to fight and i was adamant not to give a single penny to my out laws.
Corrupt system also helps us in one way or the other, it also helped me.
HOW?
Whosoever files a case under sec 156(3) crpc here , the Court ask or call for Police Report from the Chowki or PS.
The Incharge of Chowki called on my cell number. I went to chowki and he showed me copy of complaint filed u/s 156(3) in court.
He blatantly asked me to give rs 10000 so that he may give his report in my favor.
i said ok and read the complaint as well done the copies of the same.
The next day he was waiting for Rs 10000 and in night i prepared my first case u/s 156(3) which was a counter case (difficult one to made)
ON THE DATE I ALSO MOVED MY CASE IN SAME COURT WHERE MY LOVELY WAS STANDING ALONG WITH 5 LAWYERS AND WITH ALL RELATIVES. H
FACE BECOMES RED TO SEE ME IN COURT ROOM.
THE MAGISTRATE FIXED THE NEXT DATE AND AGAIN ASKED FOR POLICE REPORT FROM PS AS I FILED MY VERSION.
AFTER 2 LONG MONTHS AND HEATED ARGUMENTS BOTH CASES GOT REGISTERED AS FIR IN SAME PS.
From our side sec applied 147, 323, 380, 452, 404, 506 IPC.
from their side 147, 323, 452, 504, 506 IPC
THE MEDIATION WHICH WAS BYE PASSED BY THE OUT LAWS WAS DONE AT CAW BY MOVING AN APPLICATION TO THE SSP. ON THE ORDER OF HI
THE OUT LAWS UNDER POLICE PRESSURE CAME OUT FROM THERE COMFORTABLE ZONE.
THIS WAS THE CRUCIAL TIME BECAUSE THE IO WAS PREPARING THE CHARGE SHEET IN 498A CASE.
_________________
Dare Devil
After retaliation there were total 6 cases, 4 already from their side and 2 from our side, one counter case which was a counter attack. and one is
Sec 9 RCR HMA which i filed in the Court after 498A.
My out laws filed another false FIR i.e. NCR u/s 323, 504, 506 IPC just before a day when my RB was applied in the Session Court.
We all were not aware of the same. We all came to know to know at the time when their lawyer presented or moved that report at the time of
arguments in Session Court.
The out laws came to see the drama of BAIL along with 8 lawyers, 3 PP and 5 their private lawyers.
Just after the RB next day i filed an NCR under same provisions/sections under the jurisdiction of some other Police Station as the GAME IS NOW AT
ITS OWN LEVEL. AS OUT LAWS FILED FALSE REPORT IN SOME OTHER POLICE STATION.
THAANE BADAL KE CASE FILE KARNE KA KHEL SHURU HO CHUKA THA AB.
Just after the filing of the NCR i moved an application u/s 155(2) for getting order from the Magistrate to order Police to investigate the matter.
POLICE ACQUIRE SAME POWER AS IT HAS IN COGNIZABLE CASE OR OFFENCE.
My wife filed a suit under sec 24 HMA for pedenti lite aka interim maintenance
After period of 4 months i filed a counter suit which was reply of sec 24 + sec 151 CPC along with Application under sec 340 CrPC Perjury.
The biased Family Judge showed reluctance in accepting the 340 Application of mine against her.
This was also a counter blast of their sec 24 , i asked maintenance from her under sec 24.
HMA authorised the same on the part of the husband also whereas sec 125 CrPC does not allow the husband to seek maintenance also suit under se
125 crpc is not maintainable.
THE PHYSCOLOGICAL GAME WAS AT FULL SWING AT THIS STAGE, IT WAS ALMOST 7 MONTHS PASSED FROM THE FILING OF THE 498A IPC.
_________________
Dare Devil
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.
Joined: Tue Aug 12, 2014 When i asked the notice status from court A they replied you have to go and find our from court B.
12:15 pm
Posts: 129
Location: UP
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").
MOREOVER EVEN IF YOU GET EXPARTE RCR IN YOUR FAVOR THEN ALSO YOU NEED TO WAIT FOR 1 YEAR FOR FILING DIVORCE SUIT ON THE BASI
OF RCR DECREE.
SHE MAY COME ANY TIME IN BETWEEN PASSING OF EXPARTE ORDER OR SHE MAY SET ASIDE EXPARTE ORDER PASSED IN YOUR FAVOR.
ASK YOURSELF WHAT USEFUL PURPOSE WILL IT SERVE TO YOU? ON ONE HAND SHE IS FILING FALSE CASE AND ON OTHER YOU ARE READY TO
KEEP HER?
the rcr case will not build any pressure it is good for you to file DIVORCE SUIT, EVERY WOMEN GET SCARED FROM DIVORCE SUIT IF IT BECOMES
EXPARTE DIVORCE. NO OPTION WILL BE LEFT AT HER HAND INSTEAD OF FACING YOU IN COURTROOM.
It is mine recommendation for you to please mention your comments related to the thread "GAME IS OVER" if you want any suggestion then do
message.
_________________
Dare Devil
The Complainant- who will become the Plaintiff- I choosen my mother to file a case AGAINST ME and my wife, and her parents and other 4 person
The good thing in INDIAN JUDICIAL SYSTEM IS ONE CAN FILE N NUMBER OF CASES.
The mental blow- First the lawyers of opposite party thought that i have gone mad and is wasting time, money and energy on futile cases, soon
after filing of the same they came to know the TRAP Behind filing Order 39 Rule 1 CPC.
In the plaint itself my mother mentioned that my wife and her side including me is going to dispose off her from her property, which she build from
sweat.
INSTEAD OF DISOWING ME THROUGH MAKING ADVERTISEMENT IN NEWSPAPER AS RECOMMENDED AND SUGGESTED BY SOME MEMBERS OF THI
FORUM. I MYSELF BECOME A PARTY TO A SUIT.
IN ALL CORROSPENDENCES OF COURT I STARTED MENTIONING THE ADDRESS OF MY UNCLE'S HOUSE INSTEAD OF MINE OWN HOUSE.
The Benefits
1. My lovely can not file a suit under the Domestic Violence Act so as to obtain order of residence and other useless orders since the owner of the
house is herself restraining legally through O39 R1.
2. It is much easier to build any criminal case on the basis of copy of plaint of O39 R1 by my parents in respect of dispossession/criminal tresspass
against all persons party to a suit.
3. The momentum of cases must be kept going, in this way the all RESPONDENTS have to file reply in the Court of Law, that means they need a
lawyer and every Civil Lawyer in District Courts is much more expensive than the Criminal Lawyer.
4. I can happily live in my fort without any interuptions from any side without disowned from parents. I can do anything in my home because the
complainant and respondent are one person but in eyes of law they are distinct person.
_________________
Dare Devil
Just after seeing our BAILs & counter replies to their cases/suits the lovely wife filed for DIVORCE CASE herself.
WHY SHE FILED? Because after BAIL 498A goes into the cold storage, as well they already approached our lawyer for compromise and also
approached 2/3 persons known to us.
BUT THE ATTITUDE OF THE OPPOSITE GANG IS STILL STIFF AS THEIR HEADS WERE HIGH.
Also there is now sec 125 CrPC, Sec 9 HMA, Sec 24, counter sec 24 + sec 340 CrPC application and new comer sec 13 HMA in family Court itself.
I STARTED BUNKING THE FAMILY COURT AND OPPOSITE GANG STARTED WAITING TO SEE MY FACE SO THAT SOMETHING MAY COME OUT FROM T
FAMILY COURT IN THEIR FAVOR.
WITH ALL THE WILD ALLEGATIONS THE SEC 13 HMA PETITION WAS MOVED WHICH CLEARLY SHOWS THAT OPPOSITE GANG IS INTERESTED IN
ENDING THIS TUSSLE.
_________________
Dare Devil
Here on this forum no one wil imagine that in the dowry demand case and in 498A IPC how come a car accident case may be filed.
Thanks to the almighty that my out laws own a CAR and we do not have. The destructive mind shows the way to concoct yet another false case whi
is true in each and every respect.
My niece got injured and was suffered a sprain in his elbow, THE OPPORTUNITY KNOCKED AT THE DOOR AND I TRIED TO CAPITALISE THE SAME.
I APPROACHED TO THE IG OFFICE AND REPORTED THE MATTER THAT OUT LAWS HAS INJURED MY 3 YEAR OLD NIECE WITH THEIR CAR. THE
INNOCENT NIECE WAS WEARING A KUCCHA PLASTER AND HE HIMSELF COULD NOT BEEN ABLE TO NARRATE THAT HOW HE SUFFERED THE SPRAI
INCIDENTS OF ACCIDENTS MAY HAPPEN ANYWHERE IN INDIA AND INDIAN ROADS ARE FULL OF SUCH MANIACS WHO DRIVE CARELESSLY
Sec 279, 338, 427 IPC attracted and the CAR is to being seized by the Police along with this the owner and the person riding the CAR need to apply
BAIL.
Though the CASE IS BAILABLE BUT THEY NEED PERSONS FOR THEIR BAIL.
WE ALREADY VISITED THE DOCTORS FOR HIS MEDICAL TREATMENT AND DELIBERATELY WE TOOK OUR NIECE TO THE DOCTOR WORKING IN
GOVERNMENT HOSPITAL ALONG WITH THIS WE ALSO VISITED PRIVATE DOCTORS WHO ALSO CONFIRMED SPRAIN AND SUGGESTED/RECOMMEND
THE PLASTER.
_________________
Dare Devil
devilal wrote:
Superman dear there is no need to file RCR after filing of false 498A IPC by the opposite gang. it shows that you are coward in the eyes of law
and when your cruelty is caught you are praying to bring her back.
Joined: Tue Aug 12, 2014 IF RCR IS FILED BEFORE FILING OF 498A THEN IT IS GOOD FOR YOU OTHERWISE OF NO USE.
12:15 pm
Posts: 129 BECAUSE WHEN YOU APPLY FOR YOUR REGULAR BAIL APPLICATION YOU MAY ATTACH COPY OF RCR PLAINT ALSO IN THIS WAY YOU MAY GET
Location: UP RB EASILY. AFTER FILING OF 498A RCR WILL NOT SERVE ANY PURPOSE.
MOREOVER EVEN IF YOU GET EXPARTE RCR IN YOUR FAVOR THEN ALSO YOU NEED TO WAIT FOR 1 YEAR FOR FILING DIVORCE SUIT ON THE
BASIS OF RCR DECREE.
SHE MAY COME ANY TIME IN BETWEEN PASSING OF EXPARTE ORDER OR SHE MAY SET ASIDE EXPARTE ORDER PASSED IN YOUR FAVOR.
ASK YOURSELF WHAT USEFUL PURPOSE WILL IT SERVE TO YOU? ON ONE HAND SHE IS FILING FALSE CASE AND ON OTHER YOU ARE READY
TO KEEP HER?
the rcr case will not build any pressure it is good for you to file DIVORCE SUIT, EVERY WOMEN GET SCARED FROM DIVORCE SUIT IF IT
BECOMES EXPARTE DIVORCE. NO OPTION WILL BE LEFT AT HER HAND INSTEAD OF FACING YOU IN COURTROOM.
It is mine recommendation for you to please mention your comments related to the thread "GAME IS OVER" if you want any suggestion then d
message.
But
How i got bail? : When i was in jail then my lawyer and my wife's lawyer (they discussed) and filled affidavit for ammicable settelment same day tha
will take proper care of complainant and will not repeat this in future. so on that ground i got the bail. My uncle also said that my wife and her famil
members asking verbally for 10 lakh and then They (my wife) will go mutual divorce.
judge's order for my bail: Let the accused be released on bail on furnishing bail bond of Rs 30000/- with one solvent surety subject to condition that
1) he shall not commit similar type of offence in further. 2) he shall give proper care to the complainant.
_________________
Dare Devil
_________________
From Bihar
About Devilal:- I saw the movie "kick" and during the courtship i felt the same kick/thrill in making counter blast the opposition gang on each date a
with each case Also i was pursuing my LLB so it was good to had mental exercise with the lawyers fraternity.
_________________
Dare Devil
_________________
Dare Devil
The instinct showed the way because when any party put too much pressure on the other then other party use to do something unusual and out of
league.
THE FIL CAME IN FRONT (as he was hiding himself behind his daughter in every case) AND LODGE A FIR AT SOME OTHER PS UNDER SEC 323, 386,
394, 504, 506 IPC
The game is becoming dangerous now, this new FIR has placed a heavy blow because the Police has full authority of arrest and detention and can
send person behind bars.
How we came to know:- The IO of the case himself came to our shop and shown FIR to my Dad and said that you can show to any lawyer in the city
us (FIL) haraami ne FIR likha di
My dad puzzled because the confidence with which the IO is giving copy of FIR to the accused is in itself reflect that hefty amount has been given to
him to arrest us.
In INDIA it is hard for complainant to get copy of FIR free of cost from police in this matter the Police is giving the copy at our door step.
4 persons from our side were trapped in the yet another false case.
The cobweb which was woven to trap all family member in 14th case was broken.
If any one wishes to know How then i will share the same through message not through the thread.
JUST BEFORE THE 14TH CASE THE 'Idiosyncrasy ' OF Case filer himself show the path to success.
My FIL comes forward & filed the FIR in PS by bribing the Policemen in 14th case. I was unaware of his intention & came to know just after lodging
FIR (Read 14th case)
I filed an application under sec 156 (3) before the Court having jurisdiction of some other PS 10 days before lodging of 14th case. And silently move
on my petition for next 1.5 months. The opposite gang had no idea of same as i have no idea of their intention. After complete 2 months and
arguments the Court ordered to register FIR at PS.
Their case (14th) was already subjudicated and now its our turn to be on upper side.
The FIR was registered u/s 147, 323, 342, 392, 504, 506 and 34 of IPC.
This case becomes the final nail in the coffin and subsequently the dawn has arrived and the opposite gang comes for mutual settlement and
compromise.
The complete case details of the cases along with copies of FIR/plaint/replies/156(3) has been forwarded to one of mine good friend on this forum.
is all aware about all situation & circumstances of mine If any one wanted to deep dig & understand the nature of cases on what foundation those w
built then it can be asked from that friend of mine.
_________________
Dare Devil
Old saying slow and steady wins the race, same applied here a year old case which was filed somewhere between the 4th and 13th case has shown
effects, the radiant form of complaint case puzzled the opposite gang because it is difficult to stop the process (summons) and the process(summon
were served on wife and her parents u/s 451, 403, IPC. and one more sec which is not clicking rt now.
Now its their turn for BAIL. The gloomy picture has become clear and from all corners the opposition is trapped. This incident collides with the fiftee
case (15).
The Police of two PS and the Magistrate Court is waiting or opened wide mouth for money, the Wifey and her family had to cough and fill the greedy
cops, lawyers, courts etc to save their skin.
_________________
Dare Devil
This case was filed somewhere between 7th and 9th case. The reason for not mentioning the same chronologically can easily to interpreted from
reading below.
Soon after reading and understanding the law in books it becomes the interpretation of ones mind but in practicality the difference is of its Applicati
Somehow i managed to get one of mine friend to file a case against my FIL and his daughter i.e. my wife. Generally parties NOT to a dispute does n
want to plunge into the battle of others as well all people wants to be kept at aloof from the Court and Police.
One of the serious case built on another imaginary hypothetical situation in which i became witness of misdeed done to a poor man.
The case:- Mr. Ramlal took money on interest from Mr. FIL , the ramlal works at the shop of Mr. devilal who is his master and Mrs. devilal knows ram
because he is a servant of devilal. Mr. Ramlal needs money for his medication and he also have all proof of hospitals and his surgeries which was do
last year due to which Mr. Ramlal comes under heavy debt. Mrs. devilal helps Mr. Ramlal in arranging funds from her father (FIL) to which Mr. devila
oppose because a poor man will not pay the debt in future as his financial condition is not good.
Mr. FIL works as a NBFC (Non banking finance company) without any licence and gives xx amount to Mr. Ramlal @ 15 % p.m interest.
Mr. ramlal sold his house & all belongings so as to repay the debt but could not.
AND THE OLD AGONY OF HIS LIFE CONTINUES. THE COURT CONSCIENCE IS WITH POOR MAN AS USUAL AS SEEN IN MOVIES--GAREEB KO UTHAO
AUR AMEER KO DABAO OTHERWISE RICH MAN WILL CRUSH THE POOR MAN UNDER HIS FEET.
QUESTIONS:-
1. With what authority Mr. FIL has given loan?
2. What was the collateral he kept?
3. is he bank? 4. why he is charging exhorbitant interest?
5. Why he is forcing (extorting) Mr. Ramlal to cough more interest.
The case was initially moved u/s 156(3) CrPC so that the intention to convert the same into the FIR. But the Magistrate registered the case as
Complaint case.
My all dreams shattered at this juncture because the complaint case will follow the procedure of sec 200 and sec 202 thereafter sec 204 CrPC.
The case though was successfully registered but was never pursued by us because of its vary nature. Only sec 200 CrPC was complied. It could take
to 9 months for cognizance.
_________________
Dare Devil
Fri Oct 31, 2014 8:44 pm
When things does not go in way and manner person feels as per law then it is good to file the direct private complaint to the illaka Magistrate. The
same was did in this case. The case was built on the foundation of sec 406 IPC as most of us are aware about what 406 says about. Since sec 406 i
also non bailable as well a cognizable offence as per the CrPC.
The case was lodged properly and also got the same registered.
But due to some personal reason and cumbersome procedure of the complaint case which was filed in the begining had never seen the dawn. Also
initially i lost the trust in the Courtship and INDIAN LEGAL JUDICIAL SYSTEM due to this also i felt that my matter is not of such a nature which will
dragged in courts. As a normal guy i also tried first to soothe and calmpose her and may be she may come on right track.
This is still open and on each date i take another date. One can easily say that case never been pressed with killer instinct thought and to place
damage on the opponent. There are many much cases which a guy can file on the opposite gang. By merely bare reading it can be ascertained that
the cases was filed by each party to build pressure on the other. AND under pressure the winning party may place its futile demands.
_________________
Dare Devil
Mine philosophy is to place an attack on the opponent with every arm and ammunition one have in his arsenal. it will be of no good to preserve the
hydrogen bomb, nuclear bomb or radioactive weapons till the point where opponent already done or placed already maximum damage.
I do not understand why guys file or counter attack under the redundant sections of IPC 182, 183, 177, 193 to 203 etc when the law itself exposing
ways and means to counter the opponent with the same law.
Why people comes to senses after their arrest and experiencing all the hardships and social stigma. Its better to retaliate then to wait and play in
defensive mode. Even i did the same mistake and after BAIL i started all these stuff but its better late than never in law.
I also planned to file cases against the lovely and FIL from other cities as well from other states, which can be easily possible with the help of distan
relatives living in faridabad, delhi, nasik, punjab etc.
Let one loose his all horses at one go.
Simple Questions:-
[*]AS SAID IN BEGINING OF THIS THREAD EVERY CASE IS UNIQUE, EVERY RELATIONSHIP IS UNIQUE, EVERY COUPLE IS UNIQUE. THERE IS NO
READYMADE SUCCESS FORMULA FOR THE BOY SIDE.
WE HAVE TO PREPARE OUR OWN RECEIPE. WHAT APPLIES IN ONE CASE MAY OR MAY NOT BE APPLICABLE IN THE OTHER CASE.
AS PER MINE OWN VIEW POINT COUNTER THE ENEMY IS THE BEST STRATEGY.
[/color
[color=#408000]THE REAL 'DEVIL' IN YOU MUST HAVE TO COME FORWARD EITHER IN DEFENSIVE OR OFFENSIVE MODE.
NOBODY FILE CASES TO DRAG THE OPPOSITE PARTY TOO LONG IN THE COURT, IT IS THE LAWYERS FRATERNITY WHODRAG THE PARTIES.
all AUDACIOUS STEPS ARE AVAILABLE IN THE BEGINING NOT AFTER IT BECOMES TOO LATE IN LAW.
GIRL WILL ALWAYS RECEIVE SYMPATHETIC RESPONSE FROM ALL CORNERS BUT NOT AFTER THE CASES ARE UPON HER. LET BATH HER THROUGH
THE SAME SHIT WHICH SHE PREPARED FOR YOU.
LET THE PEOPLE MAY CALL HER-Dhongi/characterless/chorni/batchalan/awara/kulta/kulakshani, this can only be done through filing counter cases.
By filing 491 and dv she has become an 'ABLA BECHARI NARI'
THE GOLDEN RULE:- BURDEN OF PROOF IS UPON THE OPPOSITE PARTY, NO HARM IN FILING CASES LET THEM DEFEND THEMSELVES
AS YOU & YOUR FAMILY ARE DOING IN FALSE CASE OF 498A
I will share the updates soon on what happend after the settlement/MOU between us.
_________________
Dare Devil
Today two arrest warrants are pending against my wife in her police station.
Devilal and myself have been very aggressive with our opponents. Devilal got success and I am waiting for one. I hope everyone will start attacking
their opponents and not just defend themselves by filing criminal cases against the false 498a bitches.
_________________
From Bihar
you had motivated us that in times if required we should fight our cases without advocate.
Joined: Tue Aug 12, 2014
12:15 pm
Posts: 129 Last edited by superman999 on Mon Nov 03, 2014 6:12 pm, edited 1 time in total.
Location: UP
she will be even more nasty and bitchy and cunning next time.
and whats the point of carrying the burden of a fucked up relationship that went to extent of Police/Courts.
Better to keep away from such people and relationship to ensure tension free life :)
http://498afaq.blogspot.in/
http://www.498a.org/contents/general/Ne ... elines.pdf
Good Luck
The next application was filed before the local development authority as per UP planning and development act, 1973 for demolition of illegal
construction of shop of my FIL situated at the densely populated area.
After few days an application was moved from some unknown sources, which I myself do not know neither I knew who moved DT application,
containing allegations that my FIL & MIL is engaged in prostitution racket and buy girls and boy below 15 years as well forcibly employ them in
prostitution. The said application was came from state Director general of police office and police raided on their premises so as to evacuate the sma
children's from their shop and their house.
The neighbors of each place started looking them as heinous person who is earning his living from prostitution and trafficking of human beings.
After couple of days police started frequent visits which disturbed FIL completely. His reputation became just as of pimp.
I also filed an application before the State's a was viks department against the brother of my FIL that he is running illegally a shop in a residential
premises. The same is against the law and must be demolished.
The war outside and inside the court was in oscillating mode, which started dragging all side actors of their side.
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Dare Devil
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Dare Devil
devilal wrote:
Joined: Tue Aug 12, 2014
12:15 pm Something about myself
Posts: 129 I am Company Secretary by profession, I did love marriage in 2010 against the wishes of her family in year 2010 thereafter lived in Punjab.
Location: UP Soon after marriage applied for registration of same at registrar office. We had a long relationship since 2002, she came to our neighborhood i
2001. We became good friends thereafter boy friend and girlfriend. The role of two changed after marriage & we become husband & wife. She
was 22 and I was 26 when we tied the nuptial knot. She was pursuing Chartered accountancy then & now she is CA. At time of marriage I was
CS & doing job in Punjab. After living together for 2.5 yes she filed 498a on me and on my family. The girl which was dead for her parents afte
marriage suddenly become alive in 2013 for filing futile cases. Her dad became producer/financier, her mom & uncles become script writer and
she became protagonist.
We both belong to middle class families & both are professional.
Her parents deliberately feeded wrong things in her mind also she adhere to her parents advice & became used to tell each & every details of
my home to them.
In year 2013 beginning I shifted from Punjab to UP my home town. There were no cat fights between us ever or in our family. Her dad is a
henpack husband as well her mom dominate in their house. Her mom is a shrewd lady a complete vixen...
My parents incurred all expenses of our marriage as well arranged all household articles.
Money never became issue between us and in our family. I was pursuing llb after marriage along wid job.
The girl spoiled trust, confidence, mutual respect, love & affection when she falsely implicated innocent persons in false cases.
I was just persuaded her not to file cases at initial stages . but she replied I should also file cases. I plunged into cases after 6 months seeing
her true colors. Her parents filed cases in seeking revenge as well to fuel their jealousy but the girl who came in one suit at our home herself
involved & became culprit. For me she is the main accuse.
LAWYERS NEVER GIVEN GOOD ADVISE, I MYSELF MANAGED TO FRAME CASES. Lawyers after sucking their clients make pressure for
compromise but in mine cases I changed lawyers who do not do the work according to my pattern.
For cases I required a puppet who may speak as per my direction in courts.
I personally felt to change lawyers after few cases because the enthusiasm of lawyer diminishes wid each case in matter related to boy side
becoz of women centric laws.
Now comes the turn of my lawyer & their lawyer who became angry on me, I told them that I heard "accept" instead of "reject".
In any case now the turn of filing will come after 10 days. My lovely looked furious on the stupidly of mine as well on cunningness.
The lawyer gave an angry look upon me.
This MCD is going to become more interesting in coming few days.
The next day we had a date of sec 125 crpc in same court.
I took another date on sec 125 . the lawyer of other party was also present he convinced the judge that the boy heard wrongly the word reject and
front of judge said me to apologize. After he went away from court, I approached the judge and said exactly what I heard. He smiled at me and I al
gave sardonic smile.
What was I my head? Where dis MCD is taking us?
There were thousands thought hovering in mind of all persons involved in dis divorce.
I will post the next date events as well wat I did in those 10 days.
_________________
Dare Devil
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Dare Devil
Joined: Mon Feb 25, 2013 This rings a bell in me and made me remember the PM's which we exchanged(with your previous username "coolniranjan") regarding cross of 498a
10:23 am bitch[who also filed 377].
Posts: 814
_________________
“In theory, theory and practice are the same. In practice, they are not.”
http://498afaq.blogspot.in/
http://www.498a.org/contents/general/Ne ... elines.pdf
Good Luck
The girl herself called in d evening and asked for a night to think once again on her decision to quit. I said okey.
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Dare Devil
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Dare Devil
Thu Nov 13, 2014 3:42 pm
Joined: Mon Sep 15, 2014 The second last day before the court date
11:56 am
Posts: 359 As usual we fixed our meeting at the restaurant ; I took chocolate s for her and she was waiting for my arrival. We did chat for approx 2 hrs and she
said she does not want to continue dis relationship n marriage. She swear on my head & uttered that now all is over. A deal which was struck betwe
two person at some point of time is over now. I instantly took my keys and walked away without even looking at her.
A night before the acceptance of petition in court she had sent a watssapp message to check my email. I downloaded the file and saw the file which
contained all sequential happy and sad moments of our 11 yrs relationship. I was baffled completly and sent a reply to her why she is sending all th
stuff a night before the "d" day?? This is completely illogical. She was playing with the sentiments.
On next day no one went to the Court. Her lawyer took another date of 10 days. The validity period extended for 10 more days.
_________________
Dare Devil
I wore for my own case. Our neighbors passed smiled as I wore the same for the very first time. My parents greeted me. No one knows the truth th
I m going to file n lead NY own case. The hilarious thing- first case is of MCD of lawyer himself.
My wife and her parents were waiting in the court, they were surprised becoz the respondent had arrived in his attire; some of mine friends greeted
me outside the court.
I didn't responded to anyone about in which case/court I was going.
All of us perplexed because judge was not present and was in leave.
We received another date just after 8 days.
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Dare Devil
Let's c what will happen next. If he do not pay them then they may register a new/fresh case against FIL.
_________________
Dare Devil
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Dare Devil
Regards
Technically police move CS & accuse move discharge petition it is d court who will judge whether accuse is guilty or not. Whether trial is required or
must be absolve.
Lawyers in all cases desist discharge becoz they earnings will get depleted.
_________________
Dare Devil
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Dare Devil
As per my views-if anyone will play offensive dn d chances of success is very high compared to playing defensive.
_________________
Dare Devil
Technically police move CS & accuse move discharge petition it is d court who will judge whether accuse is guilty or not. Whether trial is
required or he must be absolve.
Lawyers in all cases desist discharge becoz they earnings will get depleted.
Thanks for clarifying and best wishes for a happy and peaceful life ahead !
No charge framed yet v got d date of January 2015. And up to dn I hope I will wear advocate band in court.
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Dare Devil
_________________
Cheers,
RSingh
Sahodar Support Group
Weekly Meeting:
Every Saturday, 4pm-6pm
Jungpura Metro Park,
Near Defence Colony
New Delhi
Whatsapp no. 7827645601
If anyone interested then draft and file the same on the basis of below proforma
Smt. Devilal
Vs
Sh. Devilal
Application in context of Sec 9 of Hindu Marriage Act pursuant to Sec 340 of CrPC in it.
Dear Sir,
The respondent Sh. Devilal in the above case no. request the followings:-
1. That the complainant Smt. Devilal under Sec 125 of CrPC and Sec 24 of the Hindu Marriage Act has presented the petition(s) in this Court shown
herself as an ordinary woman in para no. 2 and also she has no means for her livelihood as well she demanded maintenance of Rs 15000/- p.m. alo
with the fee of lawyer i.e. Rs 10,000/-
2. That Smt. Devilal with devious motive and intent has moved an application/petition in this Honorable Court. Smt. Devilal is doing this for the
purpose of harassment and blackmailing the respondent. Also Smt. Devilal is misguiding this Court by filing a false affidavit concealing her Income.
per the provisions of the CrPc giving and filing of false affidavit knowingly in Court is a serious Offence. She is an educated woman having source of
earning/income along with she maintains bank balance of many lacs and the said bank balance was maintained by her from her own sources of
earnings. The applicant has all the documentary proof of her Income and is ready to produce the same at the stage of evidence, keeping his right to
produce the same before this Honorable Court.
3. That if this Court found the documentary evidence against Smt. Devilal is false than applicant is also be covered under the same penal provisions
Prayer
Applicant hereby pray before this Honorable Court that the Petitions of Smt. Devilal u/s 24 of HMA and 125 of CrPc be heard and decided after
considering the evidences of the applicant also Court shall give directions to register a criminal case against Smt. Devilal so that justice may be
delievered to the applicant.
Dated: Applicant/Respondent
_________________
Dare Devil
_________________
Dare Devil
RSingh
Sahodar Support Group
Weekly Meeting:
Every Saturday, 4pm-6pm
Jungpura Metro Park,
Near Defence Colony
New Delhi
Whatsapp no. 7827645601
_________________
Dare Devil
_________________
Dare Devil
Ex FIL to his lawyer:- they must engage their lawyer and file his vakalatnama
In Courtroom
Magistrate to ex-fil:- call Advocate of complainant side as well son of the complaiant.
ex-fil:- They are calling you.
Magistrate to FIL:- hat about status of other cases.
Me:- They have not cooperated in closing of any case. Even sec 125 still pending not withdrawn after filing of sec 13 B petition in Family Court.
FIL Lawyer:- In most of cases police is filing Final Report as well sec 13 HMA was put in lok adalat and sec 125 is of no use since 13 b has been filed
Me:- It will still run after the divorce, better to be withdrawn at this stage.
Me:- The girl can still ask for maintenance if not withdrawn even after the divorce.
Magistrate: the young advocate is speaking true, you must withdraw cases on them also. sec 125 can be made even after the divorce.
FIL lawyer:- Huzur, kindly wind up the same today as the complainant is also of old age and keeping the interest of all parties please close the case
today itself.
Magistrate: what about 498a filed by your client upon the boy family.
FIL Lawyer:- Huzur, charges are not yet framed . After charges the girl will give her statement.
Magistrate:- where a person is not guilty as well innocent i can not make charge mechanically, you may aware about the discharge petition filed by
them. Also the case has no substance and there is no use to linger on the same. I wish to mention here that discharge is not possible in this Court b
at the same time the HC has directed this Court to hear discharge petition. there is a way to approach HC in sec 482 crpc, where both parties will
apply for quashing the CS, in this way the Charges will not be framed.
Magistrate:- You may be discharged/acquitted after the closing of the case. But technically and legally you are aware about what i am talking is not
a layman who is in hurry to close the case at the earliest.
Me:- This can be done after the divorce decree also.
Magistrate to FIL Lawyer:- Both sides should reach the HC for quashing in Allahabad.
Magistrate to FIL:- Since you have seen this they people did marriage themselves and after that due to some problems the marriage is arrived at th
stage. If there is a chance of reconciliation then you must definitely do that because the law give this 6 months period to think over it again.
The boy is also a Company Secretary by qualification as well LLB Graduate your girl is also a Chartered Accountant. In the end you people will be at
loss.
Magistrate to me:- You should also think again and try if anything fruitful comes in these months.
Magistrate to ex-fil lawyer:- the hc has placed the duty as well burden upon us indeed they know that i have to account for the same.
Magistrate to me:- I am accepting this application on behalf of complainant. jot down 'not pressed' and take sign of the complainant.
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Dare Devil
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Dare Devil
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Dare Devil
The man has proved the strategy adopted has given its fruit.
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Dare Devil
Sl0wly we h@ve st@rted to turn the tide fr0m being defens!ve to 0ffensive.
Her lawyer to Magistrate- The girl is ready to give her statement to close the case.
Me- The closing of case is not important because for that formal charges need to be framed.
Me to Magistrate- Sir, this is application u/s 294 CrPC i wish to place documents on court records. Kindly have a look on the Annexres appended wit
this application. The IG Police ordered from his office order to investigate the matter of 2 FIRs and report the same to him within 14 days but the gi
father by bribing the IO persuaded IO to file CS in the meantime. The order i got in hand is passed by the IG in march wheareas charge sheet was
filed in April. Kindly call that report which the IO submitted to the IG.
Me- in that case i need to file an application u/s 91 CrPC. To judge the validity of FIRs as well the devious intent of complainant that document(repo
is a material piece of evidence Also, the investigation was in full swing then the same is part of investigation.
Magistrate- i told u all to file for quash u/s 482 CrPC on last date
FIL, ex-wife and her lawyer- they are asking for money as well suppressing us
In vary begining of drama_Me to wife- read this, i handed over to her petition u/s 39 CrPC Soon when entered into the court room.
Me- Huzur God knows all, kaun kise daba raha hai aur daba sakta hai. Sir, they people are again asking for more money, i want to file this petition
before you u/s 39 CrPC. They are demanding 2.5 lac more for closing cases against us.
Magistrate to FIL= this is all ridiculous, You are saying different things and your lawyer is saying different that boy side is asking for money.
Me- HUZUR they even asked for to and fro fare expenses of train as well boarding and lodging in allahabad. They communicated us that they will vis
sangam also. Sir, ghoomne jaa rahein hain ya quashing karane.
Magistrate to FIL- the boy side already closed all cases against you. You need to co-operate.
FIL to magistrate- sir we are ready for cooperation and we never ever intidated them, this is new concocted story u/s 39 CrPC i am not even aware.
Huzur/Magistrate- a new case will be get registered against you on basis of this under sec so.. so.. so so so.
_________________
Dare Devil
Work on d above 'perjury' 340 crpc bhool jaaoge becoz it lays ban u/s 195 crpc.
I will not spoon feed on it -explore, read & understand yrslf. Even after then also not getting dn leave a message here.
Happy fighting.
_________________
Dare Devil
_________________
Dare Devil
Unleashing the law and its different facets, it may help other fighters.
[/b]
Below is the CrPC 'Discharge' Petition filed before the concerned Court.
The allegations, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence und
IPC 498-A or make out a case against the accuseds.
1. Humbly submits we the applicants in this application and are accused in Case Crime No. 0000/13 on the file of this Hon’ble Court. We further sub
that the charge sheet filed by Police and the proceedings in Case No.0000/13 on the file of this Hon’ble Court is abusing the process of law by not
complying with the CrPC and applicants is liable to be discharged from the case. Respondent no.2 in this petition is the defacto complainant in Case
Crime .No. 0000/13. The substratum of the whole case is entirely on concocted and fabricated statements of the defacto complainant.
2. That this is the first Criminal Miscellaneous Application u/s 239 CrPc. Challenging the Charge Sheet dated 30.12.2013 u/s 323, 498A, 504, 506 IP
& ¾ D.P. Act, PS-Prem Nagar, Kanpur in case crime no. 0000/2013. The applicants have not filed any other application or petition of Discharge u/s 2
before this Hon’ble Court.
3. That the brief facts of the case giving rise to this application are that the marriage of applicant no.1 & respondent no. 2 was taken place in Arya
Samaj Mandir on 20.11.2010 which was the result of love affairs between them. (The copy of certificate issued by the Arya Samaj Mandir, Bhoor ,
Kanpur dated 20.11.2010 is being filed herewith & is marked as Annexure-I)
4. That after the marriage, the applicant no. 1 & respondent no.2 was passing their marital life happily & peacefully in parore, himachal pradesh and
thereafter that in Kanpur, Uttar Pradesh.
That on 21.06.2013 the respondent no. 2 filed a complaint on same day at PS-Premnagar, Kanpur against the applicant no.1, alleging that applicant
no. 1 has beaten and abused her due to the reasons that respondent no. 2 used to have the dialogue with her father. The said complaint was
registered as non-cognizable offence u/s 155 CrPC as NCR No.111/13 read with section 323, 504, 506 IPC. Also it is mentioned in the N.C.R that
colony/neighbors saved her from such beating. (The copy of complaint dated 21.06.2013 is being filed herewith & is marked as Annexure-II)
5. That on the basis of said NCR, the Police forwarded the report u/s 107/116 CrPC to the City Magistrate, Kanpur and accordingly the case no.
647/2013 PS-Prem Nagar was registered in the Court of City Magistrate, Kanpur against the applicant no.1, 2 and 3 implicating the brother of
applicant no.1, Sh. Vvvvvv and the applicant no.1, 2, 3 as well brother of applicant no.1 was compelled to furnish the bond for maintaining law and
order.
That since the Police of PS-Prem Nagar failed to adduce any evidence against the applicant, the said proceedings of the case was expunged vide ord
dated 15.02.2014. (The copy of order dated 15.02.2014 being filed herewith & is marked as Annexure-III)
6. That on one hand, the proceedings u/s 107/116 Cr.P.C. was instituted against the applicants 1, 2 and 3 with brother of applicant no.1 whereas ON
THE OTHER HAND, the respondent no.2 lodged the another F.I.R u/s 154 CrPC dated 23.06.2013 registered as Case Crime No. 0000/2013 u/s 323,
498A, 504, 506 IPC and ¾ D.P. Act at same Police Station-Prem Nagar for the same incident of same day i.e. 21.06.2013 depicting same time of
incident i.e. 2 p.m and implicated all the applicants concocting totally different story in colored manner than the incident alleged to has taken place
which N.C.R was registered on 21.06.2013. (The copy of the F.I.R is being filed herewith & is marked as Annexure-IV)
7. That in the said subsequent F.I.R, the complainant Smt. Bitch, respondent no.2 stated that on 21.06.2013, at 2 p.m when she was cooking food t
applicants have beaten her for want of dowry and ousted her from the house contrary to her own story filed in her earlier complaint i.e. N.C.R at the
same Police Station.
8. That after registration of the aforesaid case, the Investigation Officer recorded the statement of complainant u/s 161 Cr.P.C in which she stated th
she was beaten by applicant no.1 only contrary to the F.I.R version in which she alleged that all applicants have beaten her jointly. (The copy of
statement u/s 161 of complainant is being filed herewith & is marked as Annexure-V)
9. That even according to the version of N.C.R. the complainant was beaten by her husband i.e. applicant no.1 for which she lodges the N.C.R but s
did not get her examined medically by the doctor(s) prior to the registration of N.C.R nor thereafter but in order to implicate the applicants in the
present case she got examined herself medically on 22.06.2013 and subsequently she lodged the F.I.R on 23.06.2013. (The copy of MLC Report dat
22.06.2013 is being filed herewith & is marked as Annexure-VI)
10. That thereafter, the Investigation Officer recorded the statements of Sh. Father of bitch, Smt. Sushma Chutiya who are the father and mother o
complainant, Sh. Gautam Chutiya , the brother of complainant and Surya Prakash Chutiya who is the great uncle of complainant. The said witnesses
witnessed the incident and given the statement(s) almost similar. (The copy of Statement of Sh. Father of bitch is being filed herewith & is marked a
Annexure-VII)
11. That it is Respectfully submitted before this Hon’ble Court that the witnesses aforesaid were not present at the time of incident or commission o
the alleged offence in twin F.I.Rs and are Hearsay witnesses. Moreover they are the interested witnesses as well not the independent witnesses. The
Investigation Officer has deliberately and willfully not recorded the Statements of the Independent witnesses contrary to the fact that the F.I.R versi
was that number of persons have seen the incident.
12. That non recording of Statements of Independent witnesses itself goes to show and establish that the Investigation Officer dances on the tune o
the complainant instead of concluding the fair investigation and submitted that Charge Sheet illegally dated 30.12.2013 confirming that offences to
have been proved against the applicants. (The true copy of Charge Sheet dated 30.12.2013 is being filed herewith and is marked as Annexure-VIII)
13. That the Charge Sheet against the applicants aforesaid is patently illegal, arbitrary, malafide, with oblique motive and applicants are liable to be
discharged from the case by this Hon’ble Court.
14. That the Charge Sheet aforesaid is totally contrary to the facts and evidence collected by the I.O on the basis of which no offence is constituted
against the applicants.
15. That the Second F.I.R on the common incident for which the N.C.R was already registered and proceedings were instituted is irregular and
unwarranted and also against the scheme of provisions contained in the Code of Criminal Procedure and investigation on the basis of which cannot b
undertaken and therefore the Charge Sheet aforesaid is totally unwarranted and vitiated the law and is liable to be quashed by this Hon’ble Court.
16. That the marriage between the applicant no.1 and respondent no.2 was taken place on account of love affairs and therefore allegation of deman
of dowry is totally false and without any basis.
That the complainant herself lodged the N.C.R u/s 155 Cr.P.C for the incident dated 21.06.2013 but she did not make any allegation of demand of
dowry but in the second F.I.R. dated 23.06.2013 she made averments just contrary to the allegations leveled in the N.C.R.
1. Registration of twin FIRs on different dates with depiction of same incident of same day and same time at same Police Station u/s 155 & u/s 154,
BOTH THE FIRs contained self contradictory statements of the Complainant. The Subsequent FIR registered is the after though and was filed with
oblique motive after falsely concoction of baseless story by the respondent no.2. Also, after the kind perusal of the twin FIRs , No man of ordinary
prudence can conclude what had happened on 21.06.2013 at 2 p.m. The second or subsequent FIR on same incident of same day and of same time
illegal the applicants put reliance on judgment of the Hon’ble Supreme Court of India in T.T Antony Vs State of Kerala & Others on 12 july 2001.
2. Before registration of first FIR u/s 155 CrPC, respondent No. 2 did not got herself examined by doctor(s) rather in order to implicate applicants in
false case she got medically examined herself on 22.06.2013 which itself reveal her devious motive behind the registration of second FIR dated
23.06.2013. The procedure stipulated under the CrPC was not complied. the applicants put reliance on judgment of the Hon’ble Supreme Court of
India in State of Haryana Vs. Bhajan Lal [1992 Suppl. {1} SCC 335]
3. The Medico-legal-report reflects only complain of pain without any mark of injury.
4. The Investigation Officer failed to record any statement(s) of any Independent witnesses which reflects in itself that the I.O danced on the tunes
the complainant i.e. respondent no.2. All witnesses of the prosecution are interested witnesses. Also all the witnesses of respondent no.2 were not
present at the time of commission of alleged offence and all are Hearsay witnesses. The applicants put reliance on Sushil Kumar Sharma Vs. Union o
India (UOI) and Ors – Jul 19 2005 JT 2005 (6) SC 266 it was held that by misuse of the 498A provision a new LEGAL TERRORISM can be unleashed
5. The Investigating officer as per the statement of complainant in First false FIR dated 21.06.2013 neither collected the statement of neighbors or
witnesses as per information divulge by the complainant in her statement. the applicants put reliance on judgment of the Hon’ble Supreme Court of
India in Supreme Court in Ajay Mitra Vs State of M.P. and others reported in 2003 (3) KCCR 2043.
6. Merely on bare reading of complainant statement u/s 161 CrPC, the complainant was alleged to be beaten by her husband alone contrary to her
own statement in the subsequent FIR registered by her the applicants put reliance on judgment of the Hon’ble Supreme Court of India in Mohd.
Hoshan v. State of A.P.; (2002) 7 SCC 414.
7. The simultaneous institution of two proceedings/procedures which are going in opposite directions on the incident of same day of same time are
against the provisions of Code of Criminal Procedure as well against the fundamental rights of citizen given by our Constitution. The applicants put
reliance on judgment of the Hon’ble Supreme Court of India in State of Karnataka Vs. L. Muniswamy & SC in Thulia kali vs. State of Tamil nadu (197
3 SCC.
8. THAT THE ONE POLICE OFFICER OF THE SAME POLICE SH. AJAY DEVGAN (S.I) i.e. PS- PREMNAGAR STATION WHO HAS
INQUIRED/INVESTIGATED THE NCR i.e. FIRST FIR DATED 21.06.2013 ARRIVED AT CONCLUSION IN ITS FINDING THAT THERE IS
DIFFERENCE OF OPINIONS BETWEEN THE HUSBAND AND WIFE, THERE WERE COMPATIBILITY ISSUES BETWEEN THE SPOUSES AND
SUBMITTED HIS REPORT TO THE HON’BLE CITY MAGISTRATE FOR TAKING ACTION U/S 107/116 CrPC. WHEREAS ON THE OTHER HAN
THE SUBSEQUENT POLICE OFFICER SH. ULFAT SINGH (S.I)
OF THE SAME POLICE STATION WHO INVESTIGATED THE MATTER OF 21.06.2013 WHICH IS COMMON IN BOTH THE NCR & IN FIR
ARRIVED AT CONCLUSION THAT ACCUSED DEMANDED DOWRY FROM THE RESPONDENT NO.2 AS WELL SUBMITTED FALSE CHARGE
SHEET IN THIS HON’BLE COURT. THE FINDINGS OF BOTH THE POLICE OFFICER(S) ARE THEMSELVES IN CONTRADICTION ABOUT THE
HAPPENING OF THE ALLEGE INCIDENT OR COMMISSION OF OFFENCE DATED 21.06.2013 AT 2P.M IN TWIN FIRs u/s 155 & u/s 154 o
CrPc respectively. THE WHOLE ACT OF THE POLICE STATION ITSELF LAYS SUSPICION ON THE CONDUCT OF THE OFFICER(S).
PRAYER
Therefore it is most respectfully prayed that this Hon’ble court may be pleased to:-
a) Pass an order of discharge of applicants in the proceedings CC.No.0000/2013 on the file of this Hon’ble Court.
And
b) Pass such other order or further orders as this Hon’ble Court deems fit and proper in the particular facts and circumstances of this case.
_________________
Dare Devil
Last edited by devilal on Wed Aug 26, 2015 9:22 pm, edited 1 time in total.
Joined: Mon Sep 15, 2014 DRAFTED & FILED PETITION U/S 311 CRPC
11:56 am
Posts: 359
Lets all basanti dance on the tunes of the code of criminal procedure, 1973
Respected Sir,
The Respondent above named states following grounds/justifications before this Hon’ble Court for summoning and examination of below mentioned
persons which are as follows:-
1. Testimony of allegation(s) contained in twin FIRs filed by the complainant No.2 named above with portrayal of ‘same incident’ of ‘same day’ and o
‘same time’ at ‘same Police Station’ prem nagar, kanpur u/s 155 & u/s 154 in colorable manner which are self-contradictory statements of the
Complainant is abusing the process of law, the twin FIRs in issue in the Criminal Case No. 627/2014 are vexatious in nature and also the common
incident in both the FIRs are inconsistent with that of charges leveled against the respondent(s) in the Police Report/Charge Sheet as well with the
prosecution witnesses & medical evidences. The whole fictitious story of the police is based upon a subsequent false second- FIR which was register
after the registration of an original FIR.
2. That, a needle of suspicion does point out to the Police Officer(s) Sh. Ajay devgan who did inquiry of FIR No. 117/13 and Sh. Fursat singh, the
Investigating Officer of the FIR No. 000000000/13. It can be easily inferred from the probes of both officers how the huge thirst of money corrupted
them and they are even not hesitant to misguide the learned Court. It is pertinent to call and examine both officers.
3. That to ascertain the pith and substance of the story of complainant/prosecution case and also the charges leveled against the Respondent (s) in
Police Report u/s 173 of the CrPC, the summoning of Sh. Ajay devgan and Sh. Fursat singh is uttermost required before this Honorable Court.
4. THAT, THE INVESTIGATING OFFICER, SH. FURSAT SINGH WHO DANCED ON THE TUNES OF COMPLAINANT NO.2, DELIBERATELY WITH DEVIOUS
INTENT CONCEALED THE FACTS OF THE INQUEST REPORT SUBMITTED TO THE HON’BLE “CITY MAGISTRATE”, KANPUR BY THE OTHER POLICE
OFFICER OF SAME POLICE STATION SH. AJAY DEVGAN. The case no. 647/2013 as State vs Devilal was already instituted by ‘City Magistrate, Kanpu
Therefore it is indispensible to summon Sh. Fursat singh the IO of the case who designedly made defective investigation at the behest of complaina
no.2.
5. That, the Investigating Officer of the case nowhere mentioned in the Charge Sheet that the ‘same incident’ cognizance has already been taken up
by the ‘City Magistrate’ Kanpur and the respondents were booked u/s 107/116 CrPC & a case no. 647/2013 was already instituted by ‘City Magistrat
Kanpur’ Indeed, the corrupt IO, Sh. Fursat singh is interested in double conviction of the respondents/accused for the ‘same incident (having rival
versions)’-double FIR theory of police. This is against the sound principles of law. Therefore it is significant at this juncture to summon and examine
the IO who is knowingly misguiding the Court as well subjecting the accused/respondents to face unnecessary legal harassment.
6. Further, it is submitted before the learned Court of ACJM-VI, Kanpur that the Senior Superintendent of Police, Kanpur ordered for the inquest repo
of the matter contained in both the FIRs through the Office Order dated 23.05.14 which is already on record of this Court. Sh. Ajay devgan who also
inquired the matter contained in twin FIRs and had submitted his inquest report to the S.S.P, Kanpur His findings will help the Court in determinatio
of ‘Discharge’ petition filed against the police report in the matter under consideration before this Hon’ble Court.
7. That the corroboration of testimony of complainant envisaged in twin FIRs through the said Police Officer(s) will through light on the inquest of tw
officers of incident of ‘same day’, ‘same time’, ‘same PS-Prem nagar’, kanpur The same Police Officers may help in ascertaining what had happened
21.06.2013 at 2 p.m. Because both the police officers conducted probe of the “same (common) incident” but concluded on extreme poles in their
findings. By arriving at different findings/opinions the said officers are making blatant mockery of provisions of law as well the INDIAN CRIMINAL
JUDICIAL SYSTEM. IT’S INEVITABLE THAT BOTH OFFICER(S) MUST ACQUAINT THE HON’BLE COURT THEMSELVES HOW THEY ARRIVED AT DIFFERE
CONCLUSIONS IN THEIR PROBESS AS IT IS EVIDENT FROM POINT OF VIEW OF SH. AJAY DEVGAN THAT THE CASE IS “NON-COGNIZABLE CASE” IN
THE BEGINING AND THE OTHER OFFICER SH. FURSAT SINGH CONCLUDED IT AS A “COGNIZABLE CASE”. The confusion of twin FIRs can be easily
sorted from the examination of both the Police Officers.
IT IS PRAYED BEFORE YOUR GOODSELF TO PREVENT MISCARRIAGE OF JUSTICE, SUMMONING/EXAMINATION OF SH. AJAY DEVGAN IS REQUIRED
BECAUSE ONLY HE CAN ANSWER WHY THE COMPLAINANT WAS NOT DIRECTED TO MOVE TO THE HON’BLE COURT U/s 155(2) of CrPC (Reply of
Director of Prosecution is appended with this petition as Annexure-1)
The petitioner states that it is neither willful nor wanton but due to the reasons stated above. In the circumstances, it is therefore prayed that this
Hon’ble Court may be pleased to call the below mentioned persons in the interest of justice and thus render justice.
The summoning/examination of both the officers by the learned Court will prevent undue hardship and helps in securing the ends of justice. It is
further submitted before your goodself that the testimony of both the officers will help in arriving at just decision of the contradictory versions of the
complainant no. 2.
1.
Sh. Ajay devgan
(Sub-Inspector)
(a) Inquired original FIR No. 117/13 ;u/s 323, 504, 506 IPC read with Sec 155 of the CrPC dated 21.06.2013 of Complainant Smt. Bitch lady&
forwarded his report on the basis of FIR to the ‘City Magistrate’ for initiation of proceedings u/s 107/116 CrPC.
(b) Inquired the matter of twin FIRs after the receipt of office order dated 23.05.2014 from the SSP, Kanpur & submitted his inquest report to the S
Kanpur
2.
Sh. Fursat singh
(Sub-Inspector)
Inquired and investigated subsequent FIR No. 000000000/13; u/s 323, 498A, 504, 506 IPC & 3/4 Dowry Prohibition Act read with Sec 154 of CrPC
dated 23.06.2013 of Smt. Bitch lady& will fully concealed the proceedings instituted on same incident had happened on 21.06.2013 at 2 pm and
submitted false police report with an intent to misguide this Hon’ble Court.
Filed by-
Sh. Devilal
(Respondent/ Party-in –person)
KANPUR
Dated at 1st MARCH, this the WEDNESDAY of, 2015
_________________
Dare Devil
---->>>> more judgments/rulings can be explored at the above sites as per case.
State of Karnataka Vs. L. Muniswamy , a three judge Bench of SC Court had observed that at the stage of framing the char
the Court has to apply its mind to the question whether or not there is any ground for presuming the commission of the offence by the accused. As
framing of charge affects a persons liberty substantially, need for proper consideration of material warranting such order was emphasized.
SUPREME COURT IN T.T ANTONY VS STATE OF KERALA & OTHERS ON 12 JULY 2001
Case no.:appeal (crl.) 89 of 2001special leave petition (crl.) 1522 of 2000
”….second FIR, in our opinion, on the facts of this case, was irregular and a fresh investigation by the investigating agency was unwarranted and
illegal. The course adopted in this case, namely, the registration of the information as the second FIR in regard to the same incident and making a
fresh investigation is not permissible under the scheme of the provisions of the Code of Criminal Procedure Code, therefore, the investigation
undertaken and the report thereof cannot but be invalid.”
SUPREME COURT BENCH IN LALITA KUMARI VS GOVERNMENT OF UTTAR PRADESH & ORS. (2008) 14 SCC 337,
“…that upon receipt of information by a police officer in-charge of a police station disclosing a cognizable offence, it is imperative for him to register
case under Section 154 of the Code.
Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary
inquiry is permissible in such a situation.
If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted
only to ascertain whether cognizable offence is
disclosed or not.
The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed.
Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.
SUPREME COURT IN LALITA KUMARI VS GOVT.OF U.P.& ORS ON 12 NOVEMBER, 2013 HELD
THAT
…it is thus unequivocally clear that registration of FIR is mandatory and also that it is to be recorded in the FIR Book by giving a unique annual num
to each FIR to enable strict tracking of each and every registered FIR by the superior police officers as well as by the competent court to which copie
of each FIR are required to be sent.
At the stage of registration of a crime or a case on the basis of the information disclosing a cognizable offence in compliance with the mandate of
Section 154(1) of the Code, the police officer concerned cannot embark upon an inquiry as to whether the information laid by the informant is reliab
and genuine or otherwise and refuse to register a case on the ground that the information is not reliable or credible. On the other hand, the officer i
charge of a police station is statutorily obliged to register a case and then to proceed with the investigation if he has reason to suspect the commiss
of an offence which he is empowered under Section 156 of the Code to investigate, subject to the proviso to Section 157 thereof. In case an officer
charge of a police station refuses to exercise the jurisdiction vested in him and to register a case on the information of a cognizable offence reported
and thereby violates the statutory duty cast upon him, the person aggrieved by such refusal can send the substance of the information in writing an
by post to the Superintendent of Police concerned who if satisfied that the information forwarded to him discloses a cognizable offence, should eithe
investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by sub- section (3
of Section 154 of the Code.
It is, therefore, manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station satisfying
the requirements of Section 154(1) of the Code, the said police officer has no other option except to enter the substance thereof in the prescribed
form, that is to say, to register a case on the basis of such information
SUPREME COURT IN THULIA KALI VS. STATE OF TAMIL NADU (1972) 3 SCC
A First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence
adduced at the trial. The importance of the above report can hardly be overestimated from the standpoint of the accused. The object of insisting up
prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which
the crime was committed, the names of the actual culprits and the part played by them as well as the names of eyewitnesses present at the scene o
occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of dela
the report not only gets bereft of the advantage of spontaneity, danger creeps in of the introduction of coloured version, exaggerated account or
concocted story as a result of deliberation and consultation. It is, therefore, essential that the delay in the lodging of the first information report sho
be satisfactorily explained.
• Sushil Kumar Sharma Vs. Union of India (UOI) and Ors – Jul 19 2005 JT 2005 (6) SC 266 it was held that by misuse of the 498A provisio
a new LEGAL TERRORISM can be unleashed.
The Supreme Court, in the case of Alamohan Das Vs State of West Bengal AIR 1970 SC
863 has also observed that a “Magistrate holding inquiry is not intended to act merely as a recording machine. He is entitled to sift and weigh the
materials on record, but only for seeing whether there is sufficient evidence for conviction. If there is no prima facie evidence or the evidence is tota
unworthy of credit, it is his duty to discharge the accused, and if there is some evidence on which a conviction may reasonakanpur be based, he mu
commit the case”
The Supreme Court in Century Spinning & Mfg. Co. Vs State of Maharashtra AIR 1972 SC
545 has observed that the present section should be read along with section 240 CrPC and if the Magistrate has grounds for presuming that the
accused has committed no offence and the charges against him are groundless, he should be discharged forthwith.
The HC of Jharkhand, 2005 Cri LJ 3292 (Jhar) held that refusal to discharge the accused without assigning reasons woul
not be proper. The tril is required to assign reasons for refusing to discharge the accused person.
The HC of Rajasthan & Punjab and Himachal Pradesh in Alarakh Vs State of Rajasthan, 1986 Cri LJ 1794 (Raj) see also Vinod Kumar Vs
State of Haryana, 1987 Cri LJ 1335 (P&H) have expressed a view that the accused in a warrant case is entitled to place
record certain documents in his support for being considered before framing of charges against him. The Court further held that the prosecutor can
called upon to admit or deny the genuineness of each such documents included in the list.
_________________
Dare Devil
Respected Sir,
_________________
Dare Devil
Tue Apr 14, 2015 8:34 pm
Application u/s 205 of Code of Criminal Procedure, 1973 seeking exemption from personal attendance due to ill-health
Respected Sir,
I on behalf of Smt. Smt.w/o Sh. Father of devilalR/o XXX, Nagar, Kanpur am here by submitting this application before your goodself that the applic
no. 3 in Criminal Miscellaneous Application No of 2014 u/s 239 of CrPC is unable to attend the proceedings of this Court due to old age health relate
problems.
It is further requested to exempt Smt. Smt.after considering her age, and associated ill-health ailments.
The applicant No. 3 will be presented in person whenever this Court deems think fit & proper for her personal appearance or attendance before itsel
Thanking You
Devilal
(Applicant/Party in Person)
_________________
Dare Devil
_________________
Dare Devil
_________________
Dare Devil
Last edited by devilal on Sun May 24, 2015 7:20 pm, edited 2 times in total.
Sat May 16, 2015 9:28 pm
_________________
Dare Devil
Opposite party walked out from MCD 2nd motion & has already filed DV case upon us after passage of 23 months.
_________________
Dare Devil
Last edited by devilal on Thu Dec 03, 2015 8:22 pm, edited 3 times in total.
Opposite party walked out from MCD 2nd motion & has already filed DV case upon us after passage of 23 months.
_________________
Dare Devil
Last edited by devilal on Fri Aug 28, 2015 8:29 pm, edited 1 time in total.
The counter case under same sections of IPC & crpc is filed from my end in same court, depicting version of my episode.
_________________
Dare Devil
_________________
Dare Devil
Initially I thought filing counter cases might be good strategy, but if opposite party don't bow down , it feels that we are deeper in this judicial mess
What do you think after all these years of fighting so many cases?
I am closely following this thread. Do you think filing so many cases has helped you to bring fear on opposite party? it looks like even they are
not tired of doing the same thing.
They were tired, that's d reason they choose to wind up all after 18th case.
I have got mou, 13 b, as per my choice & free will.
what more I can say that all drama closed in 16 months , though not a single case seen the dawn of trial.
Initially I thought filing counter cases might be good strategy, but if opposite party don't bow down , it feels that we are deeper in this judicial
mess.
Only 3 -5% see the roof of the supreme court That's too after 5 to 10 yrs.
what do you think after all these years of fighting so many cases?
I think "Jiyo aur jeene do"
Otherwise dance on same song & tune which you tried for me.
I got results that too after getting my all valuables from girl side, without paying at all.
Mou & 13b operates a bar up to case no.18th. Either party cannot open d same therefore it again restarted from 19th case.
_________________
Dare Devil
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