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GAME IS OVER!! 
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
After a long period of over 16 months in a row when it all started last year. The game of hide and seek is over. Today i signed on the mutual settlement agreement and also it is stated in it that we both will seek Divorce u/s 13B HMA.

I request all dignified & respected forum members that please comment after deliberation only on the yet another case of 498A IPC.
1. Every case is a unique case
2. Every woman has its own temperamental level
3. Every being is fighting for his own cause

The motive of each fight and each case is entirely different.

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 pecularities 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? ..................................................................................................................................................................................................................

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Dare Devil


Wed Oct 22, 2014 8:30 pm
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Joined: Wed Jul 30, 2014 4:54 pm
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you are so correct... Congrats... and wish all the success to you... Obviously share the case details so that other members can get enlightened with some share of knowledge...


Thu Oct 23, 2014 8:46 am
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Joined: Thu Aug 01, 2013 9:32 am
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GAME OVER --- good job, Instead of spoiling time and facing mental straggle throwing reasonable amount is better. but i want to know what is the final amount u r given????


Thu Oct 23, 2014 10:45 am
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I have not given a single penny rather than opposite gang is ready to give what i already incurred in cases.

A single judgment of the Patna based guy helped thousands of fighters today. He comprehended law well but when anyone read the entire judgment then one will came to know that it took many years (apprx. 7 yrs) till the Highest Court of Land i.e. SC.

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 as 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

In light of marriage if it involves consideration (dowry) then it is crime
IF IT IS DIVORCE AND ALL ABOVE ELEMENTS ARE PRESENT THEN ITS OKAY WITH THE LAW OF LAND.

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.

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Dare Devil


Thu Oct 23, 2014 9:02 pm
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Joined: Mon Sep 15, 2014 11:56 am
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s_anu99 wrote:
GAME OVER --- good job, Instead of spoiling time and facing mental straggle throwing reasonable amount is better. but i want to know what is the final amount u r given????


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?

Y SHE SHOULD NOT PAY TO ME FOR USING MY DICK?

it looks crap to you but i can bet you are also not gigolo!

YOUR ANSWER MAY BE LIKE THIS " IT IS A TRADITION TO PAY WOMAN"

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Dare Devil


Thu Oct 23, 2014 9:08 pm
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Joined: Sun Aug 12, 2012 3:20 pm
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Hi

Can you please advise what all you did to get rid of her. It is very good that you are out of this problem.


Fri Oct 24, 2014 9:25 am
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Joined: Mon Sep 15, 2014 11:56 am
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The Present law favors the women and i experienced that in all cases the uniqueness is of followings:-
sec 125 CrPC, DV Act, 498A mixed with 323, 406, 504, 506 or 377 (nowadays), HMA Sec 24,
Women just need to go and file a case/suit directly on husband as law recognised as their right to do so.

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 her 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 FIRST REPORT
Dated:x/07/13 The lady left the home herself and filed a report under the 155 CrPC at PS u/s 323, 504, 506.

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.

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Dare Devil


Fri Oct 24, 2014 1:02 pm
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The Medicolegal Report (MLC):-
The first two things which must be taken into possession is the MLC & FIR (in this case NCR).
After bare reading of the same it can be easily interpreted that another false case is going to be build by the Police. In mine case MLC states no injury marks.

The Second FIR:-
Just after filing of the first FIR i.e. NCR u/s 155 my in laws were keen to file a strong case with concocted version and the local Police Station and help of lawyer another FIR u/s 154 CrPC was lodged against me and my family along with sec 498A, IPC & 3/4 DP, 323, 504, 506 IPC was also there in NCR.
498a and 3/4 DP is non bailable as well cognizable offence.

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 bribe 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 IN 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.

What about First FIR u/s 155
Police Party has to show that they have done something /working so they did challaned under sec 107/116 CrPc of both disputed parties for six months.

The investigation of 498A has started after 3months without any mediation at Mahila Thana /CAW or before any Court Mediation centre.

THE SECOND CASE:

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

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Dare Devil


Fri Oct 24, 2014 7:25 pm
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THE THIRD CASE

Soon after filing of the second case my in laws fired a third weapon in their arsenal, (actually all in laws are not themselves know what LAW IS but are dependent upon the lawyer fraternity).

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.

What I was doing:-

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 in 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 YOU 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.

THE FIRST ATTACK:- COUNTER CASE:-

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.

Never expect honesty from a police guy.

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)

I DID NOT PAID HIM RS 10000

ON THE DATE I ALSO MOVED MY CASE IN SAME COURT WHERE MY LOVELY WAS STANDING ALONG WITH 5 LAWYERS AND WITH ALL RELATIVES. HER 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

SEC 452, 380 ARE NON BAILABLE AS WELL COGNIZABLE

ON THE OTHER HAND I FILED MY REPLY U/s 125 CRPC

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 HIM 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.

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Dare Devil


Sun Oct 26, 2014 8:41 am
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THE BAIL

Soon after the Mediation which was failed in CAW we applied for the Allahabad HC Order so as to dispose off the BAIL Application on same day. Because it was clear from the faces in CAW Cell that the out laws will surely see the BAIL. So its better to apply/get the BAIL instead of waiting for the IO to file the CS in Court. So we moved for BAIL.

THE SEVENTH CASE

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 of 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.

I got the REGULAR BAIL on same day.


THE EIGHT CASE

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.

THE NINTH CASE AND DRAMA IN FAMILY COURT


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.

My lawyer clearly said to Judge either accept or reject the same.

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 sec 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.

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Dare Devil


Sun Oct 26, 2014 8:42 pm
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please friends suggest, i am false 498a victim.

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.

When i asked the notice status from court A they replied you have to go and find our from court B.


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").

(here should i use RTI power on postman).

In real truth they(wife) are staying at same place.
Even my False Fir of 498a is registered on same address so how addressie can left the place.

Here my RCR case is stuck for expartee degree.

Please guide what next.


Only option left for Pasting of notice at wife's house and then take order for O5 R20 for publication.

Please DEVI and all friends please suggest.


Mon Oct 27, 2014 2:23 pm
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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.

IF RCR IS FILED BEFORE FILING OF 498A THEN IT IS GOOD FOR YOU OTHERWISE OF NO USE.
BECAUSE WHEN YOU APPLY FOR YOUR REGULAR BAIL APPLICATION YOU MAY ATTACH COPY OF RCR PLAINT ALSO IN THIS WAY YOU MAY GET 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 do message.

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Dare Devil


Mon Oct 27, 2014 7:40 pm
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THE TENTH CASE

THE MAGICAL ARROW IN ARMOUR

ORDER 39 RULE 1 CPC- AKA "INJUNCTION"

When i was doing my Company Secretaryship Course i read about the O39 Rule 1 of Civil Procedure Code -Injunction. The purpose of Injunction then was just to clear my CS EXAMS but now the topic is going to build a solid case against my out laws and of course me also.

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 persons. 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 her sweat.

INSTEAD OF DISOWING ME THROUGH MAKING ADVERTISEMENT IN NEWSPAPER AS RECOMMENDED AND SUGGESTED BY SOME MEMBERS OF THIS 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.

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Dare Devil


Mon Oct 27, 2014 8:17 pm
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THE ELEVENTH CASE

SEC 13 HMA FILED BY LOVELY WIFE- THE HIDE AND SEEK

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.

I PLANNED NO COMPROMISE AT THIS STAGE.

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 THE 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.

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Dare Devil


Mon Oct 27, 2014 8:31 pm
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THE TWELTH FIR CASE

CAR ACCIDENT CASE

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 which 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 SPRAIN.

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 for 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/RECOMMENDED THE PLASTER.

A ROCK SOLID CASE ALREADY BUILT.

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Dare Devil


Mon Oct 27, 2014 8:45 pm
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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.

IF RCR IS FILED BEFORE FILING OF 498A THEN IT IS GOOD FOR YOU OTHERWISE OF NO USE.
BECAUSE WHEN YOU APPLY FOR YOUR REGULAR BAIL APPLICATION YOU MAY ATTACH COPY OF RCR PLAINT ALSO IN THIS WAY YOU MAY GET 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 do message.



Thank u for ur suggestion.
U r right.

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 that i 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 family members asking verbally for 10 lakh and then They (my wife) will go mutual divorce.

The reason i filled RCR because my bail order from court :

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.


Tue Oct 28, 2014 4:42 am
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So in other words dont u think so that by doing this RCR, i am following court's order.
AND also my wife and in laws are waiting that i should filled a divorce case against my wife.
So that they harras us further legally .
please suggest.


Tue Oct 28, 2014 4:45 am
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Yr lawyer already thrown u in deep shit by joining hands wid opposite gang.
Conditions for bail shall be reasonable (as per crpc; 1973)
Did u ever heard any court is interested in separation?
Moreover u have given affidavit; did affidavit mention about MCD or 10 lacs?
U r a maniac

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Dare Devil


Tue Oct 28, 2014 2:59 pm
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Tell me the reason for keeping your name DEVILAL.

Your earlier name of COOLNIRANJAN was also unique.

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From Bihar


Tue Oct 28, 2014 5:17 pm
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I was fed up with one of the member in this forum who praise PIP/RTI etc and therefore i was away from the forum.

The Name coolniranjan was so much percolated and at some point i felt to abstain from answering the problems of others and focus to come of this shit as early as possible.

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 and with each case Also i was pursuing my LLB so it was good to had mental exercise with the lawyers fraternity.

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Dare Devil


Tue Oct 28, 2014 5:42 pm
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But you were the best friend of this PIP/RTI activist. :)

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From Bihar


Wed Oct 29, 2014 1:32 am
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THE 13TH/ THIRTEENTH CASE

If anyone has encountered with the car accident case in his life then he/she must be well aware that after the FIR of accident case the next step is to claim compensation from the owner of the car as well file a case legally in court of law.
Generally parties pay off and settle disputes amicably instead of legal scuffle. BUT the matter here is not of settlement but of seeking something else. I just wanted to verify whether the CAR Which hit the 3 yr old child was insured or not. Because in that way the insurance company will become party in a case.
To my surprise the CAR was insured.

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Dare Devil


Wed Oct 29, 2014 8:52 am
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THE FOURTEENTH FIR CASE

All guns were fully loaded from both sides against each other parties and i was sure that before the closure of all this drama something strange will happen and the gut feeling was speaking truth from inside. Moreover a movie scene of "lakshaya" is coming infront of eyes in which a man say to the Hrithik Roshan That the enemy will revert back and will place the final blow.

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 the 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.

386:- 10 yrs imprisonment
394:- 10 yr or life imprisonment in case robbery after sun down

both are non bailable as well cognizable.

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Dare Devil


Wed Oct 29, 2014 9:05 am
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THE FIFTEENTH FIR CASE[size=200]
[/size]

THE KIDNAPPING/WRONGFUL RESTRAINT AND ROBBERY 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 of 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 moved 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. He 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 were built then it can be asked from that friend of mine.

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Dare Devil


Thu Oct 30, 2014 8:08 am
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THE (16) SIXTEENTH CASE

Complaint case

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 its effects, the radiant form of complaint case puzzled the opposite gang because it is difficult to stop the process (summons) and the process(summons) 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 fifteenth 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.

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Dare Devil


Thu Oct 30, 2014 8:28 am
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THE SEVENTEENTH CASE (17TH)


Complaint case

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 Application.
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 not 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 ramlal 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 done 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. devilal 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 6 to 9 months for cognizance.

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Dare Devil


Fri Oct 31, 2014 8:44 pm
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THE 18TH EIGTEENTH CASE

Nature:-Complaint case

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 is 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 be 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.

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Dare Devil


Sat Nov 01, 2014 6:36 pm
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I never thought from begining as in case of the respected Shonee Kapoor , Galsober and other guys who fought the long drawn battle till the end or to seek justice from this corrupt Judicial system.

Mine approach was clear from the vary start of retaliation that i will do an eye for an eye, a tooth for a tooth. No matter how hard & harsh the situation may become.

SOME PERSONAL VIEWS/OPINION AND SUGGESTION

some may agree or some may disagree

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 distant relatives living in faridabad, delhi, nasik, punjab etc.
Let one loose his all horses at one go.

Simple Questions:-

1. why the husband side must always be at receiving end?
2. Ask from anyone on this forum, is he not interested to come out from this racket of 498A IPC as early as possible. The lawyers always misguide the boy side because they never done what the boy side is asking or willing to do. Always apply your own mind and keep a smart lawyer always.
3. NO PERSON CAN JUDGE BETTER THAN YOU CAN WHAT TO DO OR WHAT NOT TO DO AFTER THE SETTLEMENT OF CASES OR AFTER FILING OF THE 498A IPC. (i also do not recommend anyone just be your own)
4. What i will prove after 4 to 7 yrs of courtship to anyone, if i win or loose?


[*]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.

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Dare Devil


Sat Nov 01, 2014 6:56 pm
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Plz help me out on my case


Sun Nov 02, 2014 7:16 am
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I agree with DEVILAL (Coolniranjan). I also wanted to initiate criminal proceedings against my wife soon after my bail. But my lawyer did not agree to it. I filed my first couple of criminal cases on her after 7 months of 498a on me. But I outpaced them by sending the arrest warrant within record 4 months after filing the private complaint criminal cases against my wife.

Today two arrest warrants are pending against my wife in her police station.

1. I have already filed an RTI to SP regarding execution of warrant.
2. I have complained to the police commissioner of her city for non execution of warrant.
3. I have planned a meeting with a newspaper reporter and if she does not surrender before the issuance of NBW (some time in dec14), I will get a news published for her arrest.
4. My friend informed her employer (bank) that she is evading arrest.

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.

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From Bihar


Sun Nov 02, 2014 12:53 pm
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Wellwisher,
Success will come to you very soon.


Sun Nov 02, 2014 6:28 pm
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Location: UP
For rcr as wife not accepting notice , so option publication in newspaper.

Please tell the format how to write.

you had motivated us that in times if required we should fight our cases without advocate.


Last edited by superman999 on Mon Nov 03, 2014 6:12 pm, edited 1 time in total.



Mon Nov 03, 2014 4:46 pm
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Location: UP
i had also sent complaint to superintendent post office at orrisa of unlawful habbit going on by postman.


Mon Nov 03, 2014 4:49 pm
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A question to all learned members?
Is it good to bring wife back after 498a or to give her divorce?

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Dare Devil


Thu Nov 06, 2014 1:02 pm
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once bitten twice shy

personally, i would suggest not to even think of bringing the 498a bitch back.

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.

but to each's own, others might have different views


Thu Nov 06, 2014 2:21 pm
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Brother..Jab 498s wife agar ek baar court ja sakti hai to baar baar bhi ja sakti hai..
wo agli baar court gayi to bhi usko koi farak nahi padega..lekin tum apni nazarron main itna gir jayoge ki koshish karke bhi nahi uth paoge.


Better to keep away from such people and relationship to ensure tension free life :)


Thu Nov 06, 2014 4:35 pm
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KIDS OR NO KIDS, NEVER TAKE A 498A WOMEN BACK

_________________
“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


Thu Nov 06, 2014 4:53 pm
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Apart from cases as mentioned above a severe blow was made outside the Court rooms. I filed a complaint before the income tax authorities, I knew that they will pay no heed on a private complaint. So after filing the same I filed an RTI and asked the status of my complaint. The RTI was filed deliberately to the other PIOs so DT they may transfer the same to the concerned IT office. The good thing with the central government departments is they also inform the applicant. In this way the local IT office was poked and subsea they poked the FIL
Mine lovely is a CA by profession and they ran in haphazard manner from IT office to their CA office.
IT people marked their case for reassessment and finally asked for returns of past 8 yes.
The information requested is not given yet to me but the opposite party was busy in doing some extra work.

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 small 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


Thu Nov 06, 2014 7:58 pm
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Something about myself
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. Soon after marriage applied for registration of same at registrar office. We had a long relationship since 2002, she came to our neighborhood in 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 after 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.

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Dare Devil


Sat Nov 08, 2014 10:20 pm
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Devilal sir hats off for your last sentences and it motivates us to fight fight and fight till you get succeed.
@ God's home there is delay but not disappointment

devilal wrote:
Something about myself
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. Soon after marriage applied for registration of same at registrar office. We had a long relationship since 2002, she came to our neighborhood in 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 after 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.


Sun Nov 09, 2014 5:37 am
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On the MCD 13 b date
The principal family judge after filing of joint petition instead of mechanical process of accepting the same on that day refused to accept & subsequently gave date after 10 days.
The first statement made by him " if I reject this joint petition then?
I instantly said " that will be very good sir"
To my surprise he sent me and girls parents out of the court & did talk wid my lovely and her fat ass lawyer for 5 mins.

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 in 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 also 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.

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Dare Devil


Tue Nov 11, 2014 8:14 pm
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An appeal
A miniscule portion of the members wid whom I m in touch n know all happenings plz don't divulge details or comment on this, I will myself place details soon.
Hope u understand.
There are things which u know only.

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Dare Devil


Tue Nov 11, 2014 8:21 pm
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Brother "devilal" felt like I'm watching a suspense movie, when I read the above 2 posts :)

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 bitch[who also filed 377].

_________________
“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


Wed Nov 12, 2014 10:43 am
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Summary of 10 days ahead of next date
Earlier I tried to have had a meeting with the person with whom I am seeking MCD. But a similar voice was humming from all quarters DT there is no need to have a meeting with the girl. I somehow managed to snatch some 20 minutes on the last date so as to ascertain what actually is in her mind, is she still in a deep somber? Or the story of 2 bees which was started somewhere in 2003 is approaching towards its destination.
The girl also seems to be interested & we met after a long span of 16 months at a restaurant outside the court complex. Indeed we have had numbers of each other but we never contacted because anyone can concoct a story and can file a new criminal case.
The situation is different now. She told me to call later on & we will talk over cellphone. Her parents were there but she didn't allowed them to interfare. Her dad tried to jump into the talks of two bees so as to calculate the 'interest' , I also neglected her parents & she also distracted from them for those 20 minutes.
I was feeling that I had gone to see a girl with whom my parents have fixed my marriage. After passing off 2 days we started conversations which was broken for so long. There were thousands things to ask & questions as well loads of answers were expected to be given. After one more day I met her at an expensive restaurant with chocolates, she arrived on time, we chatted for more than 2 hrs. The love which was between us still becomes alive & like boy friend & girlfriend we both husband and wife are meeting without informing our parents.
This activity run consequitively for 3 days. On each visit I carry chocolates for her.
Now I had 4 more days in my hand. I planned a day out with her in a 'motel' which is near to our homes where we can exchange thoughts as well perform some give & take activity. (Generally a night out would be suitable but it was not feasible at that moment)
I took a bag wid some clothes + pastries+ a red rose + a card + a KS. She came on time and we spend 4.5 hrs ; no one was between us and now all things were got resolved between two couples.
I am not a chetan bhagat who will pour some masala here for the readers. The audience here at this platform is sensible enough to understand what all could might happened.
After DT I drop her at her place & came back to motel; some regular drunkards friends called in d evening for a place to have booze. So I called them at that same motel & in dis way we checked out on the given time on next day.

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


Wed Nov 12, 2014 9:30 pm
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Bhai 227498a even I am also feeling that I am watching a fiction movie at the same time I am experiencing a roller coaster ride along with watching movie. I don't know myself what will happen in the climax.
Prem chopra, amrish puri, gulshan grover & also crime master gogo are also player their part.

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Dare Devil


Thu Nov 13, 2014 3:42 pm
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The second last day before the court date

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 between 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 this 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.

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Dare Devil


Fri Nov 14, 2014 12:12 pm
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On the date:
Now the day has arrived to finally file formally the MCD petition with a hope that the same must be accepted by the family judge.
For the very first time I wore my lawyer's black coat, a tie, a plain white shirt & black pant. The attire of lawyer was ready after the registration in bar council; allahabad

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 that 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


Sat Nov 15, 2014 1:44 pm
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Finally the 'doomsday' has arrived.
A day after tomorrow is our marriage anniversary we will complete 4 yrs in our marriage minus 2 days.

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Dare Devil


Mon Nov 17, 2014 7:32 pm
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Finally divorce accepted, the judge asked some questions from both the spouses after that given date after 6 months.

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Dare Devil


Tue Nov 18, 2014 7:42 pm
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The old bombs which were litted couple of months back are now exploding, after complete 5 months our PS got the complaint letter from the office of director general of police office, Lucknow. The complaint was made against the administration of law & order in district to the "dgp" in response to registration of two FIRs in my case.
Concerned PS role is just as of pimp & now in order to save their ass they are contacting the two parties. Our opposite party is perplexed and given the copy of mutual settlement deed to PS guys. But that is not sufficient for them because we asked the questions pertinent to law.
The PS guys have to sent report to the dgp office in our matter. The opposite gang was called by PS guys at Chowki. At first FIL called me n inquired about had I filed any other 156(3)?? He is petrifying from same police who was their rented dogs sometimes back.

Let's c what will happen next. If he do not pay them then they may register a new/fresh case against FIL.

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Dare Devil


Thu Nov 20, 2014 8:33 pm
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Finally after deliberations going to file discharge application u/s 239 crpc.

Lower courts have tendency here not to allow discharge applications nor any lawyer is ready to do so.
Why? Because lawyers fraternity never ever wish to close cases at initial stages.
I am preparing myself d application/petition.

Obvious question- why not to close d case by recording statement of girl??
Ans- registration of a criminal case is entirely different from framing of charges by the Court.
If a person comes out with clean hands then there arise questions of commission of an offence.

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Dare Devil


Mon Nov 24, 2014 8:43 pm
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Hello Devilal,

What does this line mean ?
"If a person comes out with clean hands then there arise questions of commission of an offence."

Regards


Tue Nov 25, 2014 8:48 am
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Eg:- police registered for against 'ramlal' later on filed CS. It is d IO who made him accused. If court discharged ramlal then arise question of charge leveled against him was futile or baseless. Indeed he was accused made by police but in eyes of court his hands was clean.
Police can make any ordinary citizen a criminal; he may or may not be so? Dis court will decide not the IO.

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.

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Dare Devil


Tue Nov 25, 2014 3:50 pm
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so why judges are reluctant to accept discharge u/s 239 in lower courts?

scenario : after charge sheet someone wants to file a discharge in LC

is there a set procedure for this ?

any legal bar etc


Tue Nov 25, 2014 4:59 pm
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I possess copy of order passed by the HC, allahabad while I moved for quash u/s 482.
The HC instead of quashing given direction to move for discharge u/s 239! Order says- magistrate is competent as per law to discharge the applicants.

Basically arguments are same in quash as well in discharge with a thin line of difference; in quash whole FIR/CS is canceled whereas in discharge accuse proves the applicable charges does not sustain.

Usme FIR galat jismein charges framed are erroneous.

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Dare Devil


Tue Nov 25, 2014 5:23 pm
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any possibility of Discharge in DV in LC ?


Tue Nov 25, 2014 5:48 pm
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As told earlier also
-dv runs faster dn any other case
-each case, each individual, each relationship is unique.
One can't move discharge after framing of charges, therefore magistrates are reluctant. It can be filed before start of trial.
As I am not aware of your case potentialvictim' I can't comment on d same.

As per my views-if anyone will play offensive dn d chances of success is very high compared to playing defensive.

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Dare Devil


Tue Nov 25, 2014 6:15 pm
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More to add- I m not in a fighting mode as all cases are already settled wid opposite gang.
She will give her statement & 498a case will be in dustbin. But I don't want to frame charges upon me DTS y filing discharge.

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Dare Devil


Tue Nov 25, 2014 6:23 pm
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devilal wrote:
Eg:- police registered for against 'ramlal' later on filed CS. It is d IO who made him accused. If court discharged ramlal then arise question of charge leveled against him was futile or baseless. Indeed he was accused made by police but in eyes of court his hands was clean.
Police can make any ordinary citizen a criminal; he may or may not be so? Dis court will decide not the IO.

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 !


Wed Nov 26, 2014 6:12 am
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The Courtroom on discharge petition u/s 239 CrPC

A day before moving petition I pre-prepared my petition consulter a senior lawyer & asked her about chances & fees. Her fee was 5500/- & no lawyer assure a sure shot success.
My papers were up to date a day before filing the same. I decided to file d same myself with PIP.
Here I wish to clarify I am not a preacher of PIP.
On d day I moved my first petition before the magistrate.
Conversation s:-
Magistrate- first question, have u completed yr LLB.
Me- yes sir as well applied for registration.
Magistrate- good n congratulations. Good to c u in lawyers attire.
Me- thanks
Magistrate- for what u r today?
Me- for formal framing of charges in 498a case.
Magistrate to reader- show me the file.
Me- moved HC order of directions to hear discharge petition.
Magistrate- no use of moving discharge petition; when all things have already been sorted out between u n yr wife; call her just & i will record her statement n case will be wound up.
Me- moved a page on which supreme court judgments were quoted
The sc held in #$@ that judge is not a post office also in &%$# sc held DT framing of charges is not a mechanical process, judge has to sift & weign the evidence on record etc etc.
Magistrate- where is application/petition.
Me- moved d petition as well whole file.
Magistrate to reader- tag d application and give next date in case.
Me- sir in case police pick & file CS against any person dn Dy can make any person a criminal.
Magistrate- the lawyers practicing from 20 to 25 yes know DT there is no such thing as discharge, one who is beside u can tell u DT.
Me- until unless a charges framed by the court I am not a criminal.
DT lawyer- yr case is against whom?
Me- against the state.
DT lawyer- there is likelihood of charges not discharge.
Me- we will c, mere kaun se $$$$ lag rahe hain. I done dicharge filing within 50/-. Hota hai to hoye warna session mein revision file kar denge. Again 50/- aur tab tak registration no. Bhi as jayega.
Magistrate looking toward lawyer- he is also patni peedith. The HC lays upon us to decide, after discharging the HC itself questions on it.
Magistrate to me- file exemption application of your parents.
Me- sir they are present, as well available to mark their attendence.
Magistrate- OK then; have u mentioned d relevant section of crpc?
Me- yes sir.
Magistrate- I got it. OK then.
Me- thanks

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


Fri Nov 28, 2014 11:45 am
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Good Work devilal. Inspirational!!

Have you completed your degree from DU or any other univ?

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Fri Nov 28, 2014 3:38 pm
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I have completed from other than DU.

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Dare Devil


Sun Nov 30, 2014 7:52 am
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Perjury Application under sec 340 of CrPC.

The below application was filed in my case.

If anyone interested then draft and file the same on the basis of below proforma

IN THE HONORABLE FAMILY COURT, XXX DISTRICT

Case No……..of 2013

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. along 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. As 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

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Dare Devil


Sun Nov 30, 2014 11:26 am
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Its time to enter into the system- career chase---> PCS (J).

If with god grace & change of vicissitudes I will show what biasness is.

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Dare Devil


Tue Dec 09, 2014 5:39 pm
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Good Luck devilal, May the Force be with you :)

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Wed Dec 10, 2014 10:26 am
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Wishing all forum members a happy new year 2015

Forum members r a constant source of help n support; it is worth to mention DT all are like extended family who keenly interested to listen, answer & advice at most critical time of our lives.



Keep fighting n stay connected.

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Dare Devil


Wed Dec 31, 2014 8:48 pm
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UPDATE ON DISCHARGE PETITION FILED IN TRIAL COURT.

On the Date:

Me: Sir, Kindly take this application(s) on record.
The one was filed u/s 205 crpc for seeking exemption from personal appearance of mother and other as 'purshis' as public prosecutor was not present on the date.
Magistrate: Congratulations for becoming a lawyer.
Me: thanks sir
Magistrate:- You are now part of system, did u sought registration of BAR
Me:- Yes Sir, I passed my card of Bar Council of U.P.
Magistrate:- saw the card and placed a glance on the same.
Magistrate to Reader:- Take 205 in file
ME: Purshis sir
Magistrate:- The PP is present in Court but at present may be somewhere.
Me:- thats the thing i want to take on record.
Magistrate:- who suggested you for Purshis'
Me:- One of my Lawyer friend who practise in SC.
Magistrate: C at present there is no need to file the purshis moreover these practices are more prevalent in South and in Higher Courts.
Me:- Thats why i want to file because if in case my case reach to higher courts then it will be easy for them to ascertain on how many dates were wasted by the PP.
Magistrate to reader:-its better to send summons to the opposite party & call them to attend the court proceedings.
Magistrate to me:- it will be better if the girl give her statement and we can close the case.
Me:- In that case you need to frame charge upon us
Magistrate: since settlement has been already made between you and them and in a couple of dates it can be wound up.
Me:- I am not a criminal neither you are, if Police/IO present CS against any person he is not a criminal, by taking bribes a policemen can make any lawful person a criminal.
The girl side can give statement but for that Charges need to be framed. I do not want the same.
Magistrate to Reader: Fix another date by the time then call the opposite party also.
Me: Thanks Sir.

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Dare Devil


Mon Jan 26, 2015 11:33 am
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On the date of CRIMINAL Complaint Case filed by my mother on the opposite party in same Court where DICHARGE/TRIAL OF 498A Is pending.

Before the date the case was in session court for revision and it was remanded to the trial court after the settlement of dispute. (READ 16TH CASE)

Out of the Courtroom:
Me to ex-FIL:- Have you seen that you people implicated 3 members of our family in 498A and we also did the same by implicating 3 of yrs family. 451, 403 IPC. You people can't end thi case in your entire life, ultimately you have to seek BAIL if we would not co-operate in winding up of this case.

Ex FIL to his lawyer:- they must engage their lawyer and file his vakalatnama

His lawyer:- Kindly engage your counsel.

My DAD:- My son is competent enough to deal with this

His lawyer:- But my client is saying to engage.
Dad :- ok then pay fees to counsel yourself, because we are here to close not to proceed in case.
Ex FIL paid 1000/- to my counsel.
My counsel to me:- Go and plead yourself as well there is no need of mine. You are enough.

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.

FIL Lawyer:- it has no effect after divorce

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: we will withdraw all cases, Huzur.

Magistrate:- shall i fix another date of this complaint case.
Me: as you wish sir.

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 but 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.

ME:- I suggested the same to them in respect of all cases.

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 to 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 this 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


Mon Jan 26, 2015 12:11 pm
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Forum members,

The thread has crossed views of 5k but i have seen dt nobody is giving comments/replies.

Shall i wind up d Post or continue d same wid new happenings??

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Dare Devil


Sat Jan 31, 2015 7:36 pm
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bhai..we are learning.. keep on.. you're light at the end of tunnel..


Sun Feb 01, 2015 5:17 am
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can any one tell on what bases one can be discharge from mess 498a mess when there is only statements that to here and say that me and my parents bitten her and thrown out of home but this thing never happened


Sun Feb 01, 2015 4:08 pm
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The burden of proof is upon prosecution not upon u.

If 498a is at investigation stage dn u can do something, if already chargesheeted as well on trial stage u can't file discharge. It can be filed before trial n after CS.

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Dare Devil


Sun Feb 01, 2015 5:21 pm
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Happy to c brother well wisher won his battle.
Opposite party knock down by him playing offensive.
The formal announcement will come soon from his own thread.

The man has proved the strategy adopted has given its fruit.

Update on game is over.
I filed sec 294 crpc application as well moved sec 39 crpc application.
The court room drama will be posted soon.

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Dare Devil


Sat Feb 07, 2015 5:41 am
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sunke khushi hui Devi bh@i..

@apke dikh@e r@ste pe mein bhi ch@l chuka h00n, will p0st 0nce the c0gnizance is t@ken by c0urt. I will upd@te my thre@d 0nce @nything 0f sub$t@nce is there. :-)

Sl0wly we h@ve st@rted to turn the tide fr0m being defens!ve to 0ffensive.

498a gets 3 type of @ccused
1) @ggresive pe0ple like y0u get returns from 1 yr itself by $witching to 0ffensive $trategy
2) A bit $ubdued pers0n like me j0in the f0rum and bec0me @ggresive after 2 yrs Onwards
3) T0t@lly subdued pe0ple li$ten to 0nly l@wyers and $ettle c@ses f0r m0ney 0nly to be bl@ckm@iled by the c0rrupt in $ystem.


Sat Feb 07, 2015 10:03 am
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Court room drama

On yet another date of deadlock of Charge Sheet and Discharge Petition

The girl side itself was present on the date.

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.

Her lawyer- No harm in that case


Me- i am not a criminal why not argue on discharge petition

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 with 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 girl 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.

Magistrate - This is office communication and it can not be called

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(report) 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

FIL- Huzur, yeh lawyer hain to daba lengein


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 visit 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.

Me to Magistrate- Kindly provide another long date.

Reader/Peshkar looking at Magistrate- No long date.


Next date is given judt withing 25 days.

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Dare Devil


Fri Feb 13, 2015 8:57 am
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@devilal
This post seems very techie on law. Need to understand many terms of law which our lawyers will hide.


Tue Mar 24, 2015 8:49 pm
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To all fellow Brothers unleashing something amazing for all of you.

These days working on 311 crpc- can be used anytime to implicate anyone.

Sec 218, 34, 466, 447 IPC for corrupt IO.
SC judgment-#- kamla prasad Singh vs Hari bath Singh AIR 1967, 1968.

Work on d above 'perjury' 340 crpc bhool jaaoge becoz it lays ban u/s 195 crpc.

File a direct case on corrupt IO.

I will not spoon feed on it -explore, read & understand yrslf. Even after then also not getting dn leave a message here.

Happy fighting.

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Dare Devil


Sun Mar 29, 2015 9:52 pm
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Court room drama

Me- petition u/s 317 & 311 crpc forwarded to reader.
Under 311 summon to complainant; two police officers.
Reader to Mag- 311 & 317
Mag- this can't be filed at this stage. 317 has been accepted.
Me- I m not in a position to do argument as u r more experienced & knowledgeable than me. I know only to file d same before d revisionary court after its cancelation or non acceptance here. May be in HC or session.
Mag- these are filed in inquiry or trial stages.
Me- here r d excerpts of SC judgments where it was held DT it can b filed at any stage.
Mag- read d same
Me- the respondent is here in court n complainant is sitting at home. She must come along with her counsel to argue on discharge.
Mag- I m taking dis on record n accepting 311.
In d meantime kindly call her lawyer here.
Me- after 15,mins with her lawyer.
Mag to her lawyer- u must have to approach HC for quash. Call them on next date.

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Dare Devil


Sun Apr 05, 2015 11:38 am
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[b]
Quote:
Unleashing the law and its different facets, it may help other fighters.
[/b]


Below is the CrPC 'Discharge' Petition filed before the concerned Court.

Points to be kept in mind in drafting:-
1. quote points touching the law, procedure established in law as well the judgments of SC.
2. Do not wait to put the evidences at later stages because discharge is decided on the merits and materials on record. Police may not place all relevant facts/points & wish to prove you as criminal.
THE DEFENCE MUST BE SO STRONG SO THAT IT MAY SHAKE THE CONSCIENCE OF THE COURT.
AFTER YOUR DISCHARGE FILING THE JUDGE MUST START PRESUMING THAT THE PERSONS ARE INNOCENT.

3. What all legal issues apply in one case will not apply in other



IN THE HONORABLE COURT OF ACJM- VI, KANPUR

Criminal Miscellaneous Application No. of 2014
(Under Section 239 of the Code of Criminal Procedure)
FIR No. 0000/2013
u/s 323, 498A, 504,506 IPC & ¾ of DP Act, PS: Prem Nagar



1. Sh. Devilal S/o Sh. Father of devilal
2. Sh. Father of devilal S/o Late Sh. Ram Iqbal
3. Smt. Mother of devilal W/o Sh. Father of devilal … Applicants
All residents of H.No.
Versus
1. State of Uttar Pradesh
2. Smt. Bitch W/o Sh. Devilal & D/o Sh. Father of bitch resident of 1014 E , up, Present Resident of 99999, xx road … Respondents


The allegations, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence under 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 submit 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 IPC & 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 239 before this Hon’ble Court.


BRIEF SUMMARY OF CASE

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 order 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 for 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 the 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 that 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 she 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 dated 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 of 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 as 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 of 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 version 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 of 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 be 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 demand 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.


GROUNDS FOR DISCHARGE


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 is 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 a 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 of 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 of 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 any 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 (1972) 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 HAND 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 of CrPc respectively. THE WHOLE ACT OF THE POLICE STATION ITSELF LAYS SUSPICION ON THE CONDUCT OF THE OFFICER(S).


P R A Y E R

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.


KANPUR Adavocate/ Applicant:

_________________
Dare Devil


Last edited by devilal on Wed Aug 26, 2015 9:22 pm, edited 1 time in total.



Tue Apr 14, 2015 7:45 pm
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DRAFTED & FILED PETITION U/S 311 CRPC

Lets all basanti dance on the tunes of the code of criminal procedure, 1973


About 311 CrPC:-
1.Can be filed at any stage of proceeding/trial/inquiry
2. best lethal weapon to frustate the any person
3. The articulation of 311 can be well use like a nuclear bomb, the most significant part is how the person is using and approaching the court.


BEFORE THE HONORABLE COURT OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE- VIth, KANPUR

Criminal Case No. 007/2014; F.I.R No.000000000/2013
U/s 323, 498A, 504,506 IPC & ¾ of DP Act, PS:- Prem Nagar,Kanpur


1. STATE OF UTTAR PRADESH
2. Smt. Bitch lady W/o Sh. Devilal & D/o Sh. Kk pakora present resident of 99999999, PS-Baradari, Kanpur
……Complainant
versus

DEVILAL & OTHERS
(All respondents R/o 147, New Prabhat Nagar, PS-Prem Nagar, Kanpur)
…...Petitioner / Respondent(s)


PETITION FILED UNDER SECTION 311 OF THE CrPC, 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 of ‘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 registered 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, Kanpur’ Therefore it is indispensible to summon Sh. Fursat singh the IO of the case who designedly made defective investigation at the behest of complainant 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 Magistrate, 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 report 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 determination 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 two officers of incident of ‘same day’, ‘same time’, ‘same PS-Prem nagar’, kanpur The same Police Officers may help in ascertaining what had happened on 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 DIFFERENT 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.

PARTICULARS OF PERSONS TO BE SUMMONED U/s 311 of CrPC, 1973
Name Role

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 SSP, 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


Tue Apr 14, 2015 8:07 pm
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
Excerpts of Judgments of Supreme Court & some High Courts

---->>>Useful in filing and contesting DISCHARGE PETITION.
------>>> for complete judgments----- search , legalcrystal or indian kanoon or supreme court website.

---->>>> 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 charge, 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.

When offences not prima facia made out against accused person framing of charge not proper in Imtiaz Ahmed Vs State of m.P. , 1997 Cri LJ 1844 (MP)
Allegations has to be specific in Krishan Jeet singh Vs. State of Haryana, 11 (2003) DMC 127 (P & H)
General allegations are not sufficient to procure 498-A in Surajmal Barithia V. State of west Bengal 11 (2003) DMC 546 (Cal) (DB)
Vague allegations are not acceptable in sher Singh V. state of Punjab 11 (2003) DMC 192 (P & H)
Bhajan Lal Bhatia & ors. Vs. Sarita Neelam 2005 Vol I HLR 59

 Where evidence on record neither disclosed that there was cruelty on part o the accused which was of such a nature as was likely to drive victim to commit suicide or cause grave injury or danger to her life or limb or mental or physical health nor showed that she was harassed by accused with regard to any demand for additional dowry, section 498-A could not be attracted in such circumstances in Bomma Ilaiach Vs. State of U.P. , 2003 Cri LJ 2439 (AP)
 Where there is no specific allegations in complaint, charge could not be proved in Krishan Jeet Singh Vs State of Haryana, II (2003) DMC 127 (P&H)
 in the case of Saritha Vs R.Ramachandra reported in (I) (2003) DMC 37 ( DB ) made an observation that “the court would like to go on record that for nothing the educated women are approaching the courts for divorce and resorting to proceedings against in-laws under section 498a , IPC implicating not only the husbands but also their family members whether in India or Abroad. This is nothing but misuse of the beneficial provision intended to save the women from unscrupulous husbands . It has taken a reverse trend now. In some cases this kind of actions is coming as a formidable hurdle in the reconciliation efforts made by either well meaning people or the courts. and the sanctity attached to the marriage in Hindu Religion and the statutory mandate that the courts try to save the marriage through conciliatory efforts till last , are being buried neck-deep . It is for the law commission and the parliament either to continue that provision ( section 498a IPC ) in the same form or to make that offense non cognizable and bailable so that ill-educated women of this country do not misuse the provision to harass innocent people for the sin of contracting marriage with egoistic women “


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.”

ANDHRA PRADESH HIGH COURT IN S. MASTHAN SAHEB VS P.S.R. ANJANEYULU 1 JULY, 2002
“..as a necessary corollary , it must be concluded that any effort on the part of police ‘to look into’ any complaint by a person which does not contain allegations of commission of cognizable offences would violate the provision contained in section 155 (2) of Crpc. there is no presumption in law that every rift in human relations would lead to a civil dispute and a civil dispute would likely to result in offences, against human body. any such effort on te part of police to look into the complaints regarding civil disputes is not even the part of the code of conduct of the police’’



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 a 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 number 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 copies 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 reliable 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 in 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 commission 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 in 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 and by post to the Superintendent of Police concerned who if satisfied that the information forwarded to him discloses a cognizable offence, should either 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 upon 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 of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay, 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 should 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 provision a new LEGAL TERRORISM can be unleashed.


The Applicants are putting reliance on the following Judgments:

The Supreme Court in Union of India vs Prafulla Kumar Samal, 1979 3SCC 4 has held that “ the Judge is not a mere post office to frame a charge at the behest of the prosecution but has to exercise his judicial mind to the facts of the case in order to determine whether a case for trial has been made out by the prosecution.
Also R.S. Nayak vs A.R. Antuley, (1986) 2 SCC 716 and Satish Mehra vs Delhi Administration (1996) 9SCC 766.


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 totally 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 must 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 would 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 on record certain documents in his support for being considered before framing of charges against him. The Court further held that the prosecutor can be called upon to admit or deny the genuineness of each such documents included in the list.

_________________
Dare Devil


Tue Apr 14, 2015 8:26 pm
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CrPC 317 PETITION


IN THE HON’BLE COURT OF ACJM VI-KANPUR
Case No. 0007/2014; F.I.R No.00000000/2013
U/s 323, 498A, 504,506 IPC & ¾ of DP Act, PS: - Prem Nagar,Kanpur


In the matter of:
State of Uuttar Pradesh
Vs
Devilal, Father of devilal & Smt. MS




PETITION FILED UNDER SEC. 317 Cr. P. C.


Respected Sir,


The Petitioner/accused above named state as follows:
1. The accused states that the above case is posted today for further proceedings.
2. The accused further states that petitioner is unable to appear before this Hon’ble Court due to old age sickness, further it is submitted that the accused is a patient of diabetes and blood pressure Hence due to his old age and problems associated with his chronic health issues he could not attend this Honourable Court. The rickety physical body of accused does not permit to attend each Court date.
3. The absence of the accused before this Hon’ble Court is neither willful nor wanton but due to the reason stated above.
The petitioner will be presented in person whenever this Court deems think fit & proper for his personal appearance or attendance before itself.
In these circumstances it is prayed that this Hon’ble Court may be pleased to dispense with the personal appearance of the accused and permit him through his counsel and thus render justice.

Sh. Father of devilal Counsel for Petitioner/Accused
Dated at Kanpur this April 1st the Wednesday of, 2015

_________________
Dare Devil


Tue Apr 14, 2015 8:34 pm
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CRPC 205 APPLICATION

IN THE HONORABLE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE- VI, KANPUR
Date fixed: 11/02/2015
FIR No. 0000/2013
PS-Prem Nagar,
Kanpur

IN THE MATTER OF:

DEVILAL & OTHERS
VS
STATE OF UTTAR PRADESH



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 applicant 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 related 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 itself.

Thanking You

Yours’ faithfully dated: 11.02.2015

Devilal
(Applicant/Party in Person)

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Dare Devil


Thu Apr 16, 2015 9:30 pm
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Posts: 85
Thank you devilal for the post. This really helps in my case


Fri Apr 17, 2015 6:04 am
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
Many provisions will become applicable at trial stage.
There are only few which can be used at discharge stage.

Exploring more crpc to retaliate d system through d system, will soon post sec 91 petition after filing d same in court.

_________________
Dare Devil


Fri Apr 17, 2015 11:41 am
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If anyone's FIR is u/s 498A IPC then please use the case law arnesh kumar versus state to take bail.Jitin Gupta. Ashok Vihar.


Last edited by jiting on Sat Mar 05, 2016 10:14 am, edited 1 time in total.



Mon May 04, 2015 1:02 pm
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
Found a new chick, soon will tie d nuptial knot.


Let d time immortal may decide the destiny of opposite party.


At present feeling blessed

_________________
Dare Devil


Sat May 09, 2015 6:28 pm
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
Unveiling of law & its provisions again. The fight soon be restart

_________________
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
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Update

The sordid tale is not yet over, its going to restart again. The opposite party is backing off from MCD & agreement.

Let's see how many cases this time.

_________________
Dare Devil


Sat May 16, 2015 9:33 pm
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
19th quasi criminal- domestic violence case

The game has begun again now.

Opposite party walked out from MCD 2nd motion & has already filed DV case upon us after passage of 23 months.

The 15th batsman's(new lawyer) has come up into the play.


_________________
Dare Devil


Last edited by devilal on Thu Dec 03, 2015 8:22 pm, edited 3 times in total.



Wed Jun 17, 2015 5:45 pm
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Keep up the pressure. Keep filing more cases u/s 156(3).
FORCE THEM TO COME FOR SECOND MOTION

_________________
From Bihar


Tue Jun 30, 2015 7:43 pm
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Joined: Tue Nov 06, 2012 10:59 am
Posts: 838
time for a change in title too.


Wed Jul 01, 2015 8:23 am
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Joined: Mon Oct 27, 2014 8:08 pm
Posts: 34
devilal wrote:
The game has begun again now.

Opposite party walked out from MCD 2nd motion & has already filed DV case upon us after passage of 23 months.

The 15th batsman's(new lawyer) has come up into the play.

Inputs r required from fellow fighters fighting their dv case.

Challenge DV based on NO Domestic Relationship
Be ready to approach REG/VIG if u find any technical error in her petition (Lego-Technical Fallacy)
Give at least 40 or more prel obj
Mention her backing off MCD (Write it yourself in a smart way that it doesn't backfire)
I think she still loves u. Go handle her alongwith that new chick. 2 is better than 1 in kalyug.
Challenge the DV NON-MAINTAINABILITY more than one year (Copy to DJ, SJ, DV MM, DJ FC, REG VIG HC, CJ HC & CJI) & AFTER exact 7 days file 7 days ask ATR
This new game will also be over with the above blows ALONE. Nothing more to add. Thanks


Thu Jul 23, 2015 9:38 am
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
20th FIR Case

New FIR was registered against opposite party.
U/s 147,148,149,323,392,307,504,506 IPC.

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Dare Devil


Last edited by devilal on Fri Aug 28, 2015 8:29 pm, edited 1 time in total.



Thu Jul 23, 2015 6:59 pm
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Joined: Fri May 03, 2013 10:41 pm
Posts: 67
Hats Off to you Devilal.......

At the same time, feel bad for everyone who has to waste precious life for no fault of their....

Lesson leart :- You got to fight your battles yourself...


Sun Jul 26, 2015 4:39 am
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
Update

21st & 22nd case under 156(3)

It seems that opposite party is not yet exhausted from mundane cases, therefore on one hand initiated talks through their lawyer n one other hand secretly filed 156(3) application in Cjm Court against me u/s 384, 504, 506 IPC.



The counter case under same sections of IPC & crpc is filed from my end in same court, depicting version of my episode.

Both files are in order stage.

It may get into complaint case or FIR.

It's wait & watch.

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Dare Devil


Fri Sep 11, 2015 8:51 pm
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
Update
Opposition case under 156(3) is registered in a complaint case & the cross version of my 156(3) is pending for further order.

Recently filed a 23rd case

dv case from sister in law side against the bitch & her family.
Summons issued to opposite parties.

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Dare Devil


Wed Oct 07, 2015 9:24 pm
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
Update
Both 21st & 23rd got registered in complaint cases.

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Dare Devil


Sat Nov 07, 2015 10:16 pm
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Joined: Wed Dec 25, 2013 7:18 am
Posts: 126
Devilal,

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.

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?


Sun Nov 22, 2015 7:41 am
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Joined: Mon Sep 15, 2014 11:56 am
Posts: 359
leghelp01 wrote:
Devilal,

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.

Audacious step brings the fear.
if they want to fight then I am also ready steady to go place a blow.



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.

It's d perspective. What I can say.

These sports are not to entangle one's life in deep shit.
I filed cases to shatters d scheme of girl side. In every matrimonial matters the girl's side hunches up & feel pride that they are privileged section who can ruin the life of others by filing futile cases. Normally every girl side file approx 5 to 8 cases upon boy side & boy side keep their calm by filing rcr, or playing defensive.

95% cases are settled in form of mou/13b/'re start of marriage life.

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.

Die in d same grave which you ploughed for me.

Live in same agony which you given to me.



I got results that too after getting my all valuables from girl side, without paying at all.

And if it restarted then also I have nothing to loose"

Mou & 13b operates a bar up to case no.18th. Either party cannot open d same therefore it again restarted from 19th case.

I will not keep rolling the cases till hc or sc.

I am trying to exhaust & exasperate the enemy in lower courts itself

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Dare Devil


Wed Nov 25, 2015 7:18 pm
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