CHARGE SHEET Expedition & FAIR INVESTIGATION before CS !!!
CHARGE SHEET Expedition & FAIR INVESTIGATION before CS !!!
(Most of these are the
discussions of early 2014)
Dear Freinds,
CS can be expedited using rules by CVC for 3 months to
complete investigation.
CS needs to be based on FAIR INVESTIGATION.
Now, I need suggestiopn from u people.
Please provide me copy of a judgment by SUPREME COURT
where SC held in January 2014 that, POLICE OR IO IS LIABLE TO BE PROSECUTED IF
HE KNOWS THAT A PERSON IS INNOCENT BUT STILL FILES CHARGE SHEET.
Friends, Pls remember that, when CS does NOT have any
charge then its known as 'B' Report.
Since, I relied on lawyers while in CAW so I could NOT do
some steps which I knew already hence NOW i am NOT relying on any lawyer &
fighting myself.
CS Rules are as follows (sharing for all my friends
here):-
Read FIR & ask IO to
provide allegations list before filing CS in court.
This is your right but CS officers rarely follow this
& they directly submit in court the CS.
Now it becomes duty of IO to respond to you else one can
tell court to return CS.
Now, get certified copy of the complainant version and
her supporters (witnesses) version
then see whether all the details of the allegations are
present or not viz., offence date, time,
place and the witnesses for that allegation at the crime
place etc....
then give your reply in details and the evidence that is
available etc....
send this reply to all police officers so that the IO can
not do anything wrong to you....
REMEMBER, if the
IO is going to file a CS against accused, then they have to supply first a copy
to the accused for giving information that under which section they are filling
challan in the court.
Without giving a copy of challan to the accused the
challan will not be accepted by the court.
This is Rule
related to CS.
In case it is not
filed within 2 months you should get a certificate from the IO, that the 498a
complaint is false or get the FIR quashed from High Court.
in the meantime file an RTI.
This is an important rule related to CS. I need a
supporting judgment or rule book.
Examples:- If in
the CS there is NO statement of jeweller. Then u know how to file your reply.
Friends, One should file all replies himself. Even if one
is NOT that intelligent then before your lawyer files anything on your behalf
read that at least 3 times at different intervals & make various
amendments.
Dear Friends,
Pls give me copy of this SC Judgment of January 2014, "Punish
cops who file false charges: SC"
http://timesofindia.indiatimes.com/india/Punish-cops-who-file-false-charges-SC/moviereview/
29226094.cms
http://mumbaicrimereport.blogspot.in/2014/01/punish-cops-who-file-false-cases.html
Friends,
Be ready to fight against injustice.
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
SOME1
Action Against IO
CRIMINAL APPEAL
NO. 1485 OF 2008 in Supreme Court - State of Gujarat v/s Kishanbhai Etc
(46 page judgement, read from page 41)
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
PUNISH COPS WHO FILES FALSE CHARGES : SC
http://indiankanoon.org/doc/25369927/
Hurrah!!! I found that.
I am sharing this judgment for you all.
This is the Perfect Judgment & will help to catch the
wrongs done by Dirty Cops.
Along with this also go through:-
http://www.socialstigma.in
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
SOME1
Atur chatur sir, please post is here for everyone’s
benefit.
thanks
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
r/w Supreme Court (Supra) .,
CRIMINAL APPEAL NO. 1485 OF 2008
"Accordingly we direct, the Home Department of every
State Government, to formulate a procedure for taking action against all erring
investigating/prosecuting officials/officers. All such erring officials/officers
identified, as responsible for failure of a prosecution case, on account of
sheer negligence or because of culpable lapses, must suffer departmental
action. The above mechanism formulated would infuse seriousness in the
performance of investigating and
prosecuting duties"
"23. We hope and trust the Home Department of the
State of Gujarat,will identify the erring officers in the instant case, and
will take appropriate departmental action against them, as may be considered
appropriate, in accordance with law."
Friends,
Also provide me Jan 2014 judgment pls.
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
SOME2
I have prepared my RTI for the IO 2 months ago but
decided not to post it. I believe it needs another revision.
There is no medical report mention of physical hart or
Dowry in the FIR- still the IO lodged 498a and 325.
I will wait for your input and try to make my case
against 498a.
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
Today MM tried to reject my CrPC 91 & I asked to pass
whatever order he seems justified and I told him that he can not hold that CrPC
91 because that is agains the law.
I asked him to allow the CrPC 91 application or reject it
so that at least I can go in the sessions to challenge it..
This is against law as CrPC 91 is almost a right
available in the hands of a defendant but one always has an option to challenge
this rejection of CrPC 91 in High Court.
OK, Forget to tell you, that I am NOT the defendant but I
am the complainant and normally the complainant does NOT have a right to CrPC
91 but I know that when the defendant is police and the matter relates to dirty
cops i.e., some corruption then even CrPC 91 can be moved by the complainant
against the police. The MM seems to having no option.
I will update u guys what happened next.
SOME2 mail me your
drafted RTI so I can provide feedback. Also tell ur stage after FIR & other
cases.
aturchatur@yahoo.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
One friend sent me the judgment of 2014 asked above by me.
Thanks buddy.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.169 OF
2014
(Arising out of Special Leave Petition (Criminal) No.1221
of 2012)
Perumal …Appellant
Versus
Janaki …Respondent
J U D G M E N T
CJI (P. Sathasivam), Chelameswar, J.
1. Leave granted.
2. Aggrieved by an order in Crl. R.C. No.1119 of 2011 of
the High Court of Madras, the
unsuccessful petitioner therein preferred the instant
appeal.
3. A petition in C.M.P. No.4561 of 2010 (private
complaint) under section 200 of the Code of
Criminal Procedure, 1973 (hereinafter for short referred
to as “the Cr.P.C.”) filed by the
appellant herein against the respondent came to be
dismissed by the Judicial Magistrate No.2
at Pollachi by his judgment dated 31st August 2010.
Challenging the same, the
abovementioned Crl. R.C. was filed.
4. The factual background of the case is as follows:
5. The respondent was working as a Sub-Inspector in an
All-Women Police Station, Pollachi at
the relevant point of time. On 18th May 2008, one Nagal
reported to the respondent that the
appellant herein had cheated her. The respondent
registered Crime No.18/08 under sections
417 and 506(i) of the Indian Penal Code (hereinafter for
short referred to as “the IPC”).
Eventually, the respondent filed a charge-sheet, the
relevant portion of which reads as follows:
“On 26.12.07, that the accused called upon the de-facto
complainant for an outing and while
going in the night at around 10.00 via Vadugapalayam
Ittori route the accused enticed the defacto
complainant of marrying her and had sexual interaction
several times in the nearby
jungle and on account of which the complainant became
pregnant and when she asked the
accused to marry him he threatened the complainant of
killing her if she disclosed the above
fact to anybody. Hence the accused committed an offence
punishable u/s. 417, 506 (i) of IPC.
[emphasis supplied]
6. The appellant was tried for the offences mentioned
above by the learned Judicial Magistrate
No.1, Pollachi. The learned Judicial Magistrate by his
judgment dated 15th March 2010
acquitted the appellant of both the charges.
7. It appears that the said judgment has become final.
8. In the light of the acquittal, the appellant filed a
complaint (C.M.P. No.4561 of 2010) under
section 190 of the Cr.P.C. on the file of the Judicial
Magistrate No.2 at Pollachi praying that the
respondent be tried for an offence under section 193 of
the IPC. The said complaint came to be
dismissed by an order dated 31st August 2010 on the
ground that in view of sections 195 and
340 of the Cr.P.C. the complaint of the appellant herein
is not maintainable.
9. Aggrieved by the said dismissal, the appellant herein
unsuccessfully carried the matter to
the High Court. Hence the present appeal.
10. The case of the appellant herein in his complaint is
that though Nagal alleged an offence of
cheating against the appellant which led to the pregnancy
of Nagal, such an offence was not
proved against him. Upon the registration of Crime
No.18/08, Nagal was subjected to medical
examination. She was not found to be pregnant. Dr.
Geetha, who examined Nagal,
categorically opined that Nagal was not found to be
pregnant on the date of examination which
took place six days after the registration of the FIR. In
spite of the definite medical opinion that
Nagal was not pregnant, the respondent chose to file a
charge-sheet with an allegation that
Nagal became pregnant. Therefore, according to the
appellant, the charge-sheet was filed with
a deliberate false statement by the respondent herein.
The appellant, therefore, prayed in his
complaint as follows;
“It is, therefore, prayed that this Hon’ble Court may be
pleased to take this complaint on file, try
the accused U/s. 193 IPC for deliberately giving false
evidence in the Court as against the
complainant, and punish the accused and pass such further
or other orders as this Hon’ble
court deems fit and proper.”
11. The learned Magistrate dismissed the complaint on the
ground that section 195 of the
Cr.P.C. bars criminal courts to take cognizance of an
offence under section 193 of the IPC
except on the complaint in writing of that Court or an
officer of that Court in relation to any
proceeding in the Court where the offence under section
193 is said to have been committed
and a private complaint such as the one on hand is not
maintainable.
12. The High Court declined to interfere with the matter
in exercise of its revisional jurisdiction.
The operative portion of the order under challenge reads
as follows:
“3. … This court is in agreement with the conclusion of
the court below in dismissing the
complaint. The complaint provided very little to take
action upon, particularly, where this court
finds that the respondent had not in any manner tampered
with the medical record so as to
mulct the petitioner with criminal liability. The wording
in the final report informing of the de
facto complainant having been pregnant can in the facts
and circumstances of the case, be
seen only as a mistake.
4. In the result, the criminal revision stands
dismissed.”
13. We regret to place on record that at every stage of
this matter the inquiry was misdirected.
14. The facts relevant for the issue on hand are that:-
(1) The appellant was prosecuted for the offences under
sections 417 and 506 (i) IPC. (The
factual allegations forming the basis of such a
prosecution are already noted earlier).
(2) The respondent filed a charge-sheet with an assertion
that the appellant was responsible
for pregnancy of Nagal.
(3) Even before the filing of the charge-sheet, a
definite medical opinion was available to the
respondent (secured during the course of the
investigation of the offence alleged against the
appellant) to the effect that Nagal was not pregnant.
(4) Still the respondent chose to assert in the
charge-sheet that Nagal was pregnant.
(5) The prosecution against the appellant ended in
acquittal.
15. The abovementioned indisputable facts, in our
opinion, prima facie may not constitute an
offence under section 193 IPC but may constitute an
offence under section 211 IPC. We say
prima facie only for the reason this aspect has not been
examined at any stage in the case nor
any submission is made before us on either side but we
cannot help taking notice of the basic
facts and the legal position.
16. The offence under section 193[1] IPC is an act of
giving false evidence or fabricating false
evidence in a judicial proceeding. The act of giving
false evidence is defined under section
191 IPC as follows:
“191. Giving false evidence.— Whoever, being legally
bound by an oath or by an express
provision of law to state the truth, or being bound by
law to make a declaration upon any
subject, makes any statement which is false, and which he
either knows or believes to be false
or does not believe to be true, is said to give false
evidence.
Explanation 1.—A statement is within the meaning of this
section, whether it is made verbally
or otherwise.
Explanation 2.—A false statement as to the belief of the
person attesting is within the meaning
of this section, and a person may be guilty of giving
false evidence by stating that he believes a
thing which he does not believe, as well as by stating
that he knows a thing which he does not
know.” It can be seen from the definition that to
constitute an act of giving false evidence, a
person must make a statement which is either false to the
knowledge or belief of the maker or
which the maker does not believe to be true. Further, it
requires that such a statement is made
by a person (1) who is legally bound by an oath; (2) by
an express provision of law to state the
truth; or (3) being bound by law to make a declaration
upon any subject.
17. A police officer filing a charge-sheet does not make
any statement on oath nor is bound by
any express provision of law to state the truth though in
our opinion being a public servant is
obliged to act in good faith. Whether the statement made
by the police officer in a charge-sheet
amounts to a declaration upon any subject within the
meaning of the clause “being bound by
law to make a declaration upon any subject” occurring
under section 191 of the IPC is a
question which requires further examination.
18. On the other hand, section 211 of the IPC deals with
an offence of instituting or causing to
be instituted any criminal proceeding or falsely charging
any person of having committed an
offence even when there is no just or lawful ground for
such proceeding to the knowledge of
the person instituting or causing the institution of the
criminal proceedings.
19. Irrespective of the fact whether the offence
disclosed by the complaint of the appellant
herein is an offence falling either under section 193 or
211 of the IPC, section 195 of the
Cr.P.C. declares that no Court shall take cognizance of
either of the abovementioned two
offences except in the manner specified under section 195
of the Cr.P.C.:
“195. Prosecution for contempt of lawful authority of
public servants, for offences against public
justice and for offences relating to documents given in
evidence.—(1) No Court shall take
cognizance— (b) (i) of any offence punishable under any
of the following sections of the Indian
Penal Code (45 of 1860), namely, sections 193 to 196
(both inclusive), 199, 200, 205 to 211
(both inclusive) and 228, when such offence is alleged to
have been committed in, or in
relation to, any proceeding in any Court, or except on
the complaint in writing of that Court or
by such officer of the Court as that Court may authorise
in writing in this behalf, or of some
other Court to which that court is subordinate.”
20. In the light of the language of section 195 Cr.P.C.
we do not find fault with the conclusion of
the learned Magistrate in dismissing the complaint of the
appellant herein for the reason that
the complaint is not filed by the person contemplated
under section 195 Cr.P.C. It may be
mentioned here that as a matter of fact the Court before
which the instant complaint was
lodged is not the same Court before which the appellant
herein was prosecuted by the
respondent.
21. Under section 340(1) of the Cr.P.C., it is stipulated
that whenever it appears that any one of
the offences mentioned in clause (b) of sub- section (1)
of section 195 appears to have been
committed in or in relation to a proceeding before a
Court, that Court either on an application
made to it or otherwise make a complaint thereof in
writing to the competent Magistrate after
following the procedure mentioned under section 340 of
the Cr.P.C.[2]
22. Admittedly, the appellant herein did not make an
application to the judicial magistrate No.1,
Pollachi under section 340 to ‘make a complaint’ against
the respondent herein nor the said
magistrate suo moto made a complaint. Therefore, the
learned judicial magistrate No.2 before
whom the private complaint is made by the appellant had
no option but to dismiss the
complaint.
23. But the High Court, in our view, is not justified in
confining itself to the examination of the
correctness of the order of the magistrate dismissing the
said private complaint. Both Section
195(1) and Section 340(2) Cr.P.C. authorise the exercise
of the power conferred under
Section195(1) by any other court to which the court in
respect of which the offence is committed
is subordinate to. (hereinafter referred to for the sake
of convenience as ‘the original court’)
24. It can be seen from the language of Section 195(4),
Cr.P.C. that it creates a legal fiction
whereby it is declared that the original court is
subordinate to that court to which appeals
ordinarily lie from the judgments or orders of the
original court. (hereinafter referred to as ‘the
appellate court’) In our view, such a fiction must be
understood in the context of Article 227[3] of
the Constitution of India and Section 10(1) and 15(1) of
Cr.P.C[4]. Article 227 confers the power
of superintendence on a High Court over all courts and
tribunals functioning within the
territories in relation to which a High Court exercises
jurisdiction. Section 10(1) and 15(1) of
Cr.P.C. declare that the Assistant Sessions Judges and
Chief Judicial Magistrates are
subordinate to the Session Judge and other Judicial
Magistrates to be subordinate to the Chief
Judicial Magistrate subject to the control of the Session
Judge. It may be remembered that
Section 195(4) deals with the authority of the superior
courts in the context of taking
cognizance of various offences mentioned in Section
195(1). Such offences are relatable to
civil, criminal and revenue courts etc.[5] Each one of
the streams of these courts may have their
administrative hierarchy depending upon under the law by
which such courts are brought into
existence. It is also well known that certain courts have
appellate jurisdiction while certain
courts only have original jurisdiction. Appellate
jurisdiction is the creature of statute and
depending upon the scheme of a particular statute, the
forum of appeal varies. Generally, the
appellate for a are created on the basis of either
subject matter of dispute or economic
implications or nature of crime etc.
25. Therefore, all that sub-section (4) of Section 195
says is that irrespective of the fact whether
a particular court is subordinate to another court in the
hierarchy of judicial administration, for
the purpose of exercise of powers under Section 195(1),
every appellate court competent to
entertain the appeals either from decrees or sentence
passed by the original court is treated to
be a court concurrently competent to exercise the
jurisdiction under Section 195(1). High
Courts being constitutional courts invested with the
powers of superintendence over all courts
within the territory over which the High Court exercises
its jurisdiction, in our view, is certainly a
Court which can exercise the jurisdiction under Section
195(1). In the absence of any specific
constitutional limitation of prescription on the exercise
of such powers, the High Courts may
exercise such power either on an application made to it
or suo moto whenever the interests of
justice demand.
26. The High Courts not only have the authority to
exercise such jurisdiction but also an
obligation to exercise such power in appropriate cases.
Such obligation, in our opinion, flows
from two factors – (1) the embargo created by Section 195
restricting the liberty of aggrieved
persons to initiate criminal proceedings with respect to
offences prescribed under Section 195;
(2) such offences pertain to either the contempt of
lawful authorities of public servants or
offences against public justice.
27. A constitution Bench of this Court in Iqbal Singh
Marwah & Anr. v. Meenakshi Marwah &
Anr., (2005) 4 SCC 370, while interpreting Section 195
Cr.P.C., although in a different context,
held that any interpretation which leads to a situation
where a victim of crime is rendered
remediless, has to be discarded[6]. The power of
superintendence like any other power
impliedly carries an obligation to exercise powers in an
appropriate case to maintain the
majesty of the judicial process and the purity of the
legal system. Such an obligation becomes
more profound when these allegations of commission of
offences pertain to public justice.
28. In the case on hand, when the appellant alleges that
he had been prosecuted on the basis
of a palpably false statement coupled with the further
allegation in his complaint that the
respondent did so for extraneous considerations, we are
of the opinion that it is an appropriate
case where the High Court ought to have exercised the
jurisdiction under Section 195 Cr.P.C..
The allegation such as the one made by the complainant against
the respondent is not
uncommon. As was pointed earlier by this Court in a
different context “there is no rule of law
that common sense should be put in cold storage”[7]. Our
Constitution is designed on the
theory of checks and balances. A theory which is the
product of the belief that all power
corrupts - such belief is based on experience.
29. The appeal is, therefore, allowed. The matter is
remitted to the High Court for further
appropriate course of action to initiate proceedings
against the respondent on the basis of the
complaint of the appellant in
accordance with law.
CJI (P. Sathasivam)
January 20, 2014. J. (J. Chelameswar)
New Delhi;
-----------------------[1] Section 193. Punishment for
false evidence.—Whoever intentionally gives
false evidence in any stage of a judicial proceeding, or
fabricates false evidence for the
purpose of being used in any stage of a judicial
proceeding, shall be punished with
imprisonment of either description for a term which may
extended to seven years, and shall
also be liable to fine, and whoever intentionally gives
or fabricates false evidence in any other
case, shall be punished with imprisonment of either
description for a term which may extended
to three years, and shall also be liable to fine.
Explanation 1.—A trial before a Court-martial; is a
judicial proceeding.
Explanation 2.—An investigation directed by law
preliminary to a proceeding before a Court of
Justice, is a stage of a judicial proceeding, though that
investigation may not take place before
a Court of Justice. [2] Section 340. Procedure in cases
mentioned in section 195.—(1) When
upon an application made to it in this behalf or
otherwise, any Court is of opinion that it is
expedient in the interests of justice that an inquiry
should be made into any offence referred to
in clause (b) of sub-section
(1) of section 195, which appears to have been committed
in or in relation
to a proceeding in that Court or, as the case may be, in
respect of a
document produced or given in evidence in a proceeding in
that court, such
Court may, after such preliminary inquiry, if any, as it
thinks necessary,-
(a) record a finding to that effect; (b) make a complaint
thereof in writing;
(c) send it to a Magi?
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
I am looking for judgments related to CS Expedition.
I am looking for judgments related to CS Delay.
I am looking for judgments related to Vigilance leak out.
I am looking for judgments related to Corruption in
Vigilance.
Members, Experts , pls feel free to post judgments
specifically for the above four topics & pls color the extracts also for
quick grasp.
Basically looking for CONTEMPT related to CS Delay.
Second purpose is CONTEMPT IN VIGILANCE.
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
Vague allegations not acceptable
Summary: Hon’ble High Court of Delhi in CRL.M.C.7262/2006
on 23.02.2007 in Smt. Neera
Singh Vs State and Ors held that “vague allegations made
against every member of the family
of husband cannot be accepted by any court at their face
value and the allegations have to be
scrutinized carefully by the Court before framing
charge”.
Other nice inferences from the judgment include – 1)
taunting for bringing insufficient dowry
does not amount to an offense under Section 498-A of the
IPC, 2)verification of the source and
flow of funds should be done if dowry is allegedly given,
and 3) wife and her parents should be
prosecuted for giving dowry.
Full judgment:
IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 12.02.2007
Date of Decision: February 23, 2007
CRL.M.C.7262/2006
23.02.2007
Smt. Neera Singh ….. Petitioner
Through:Mr. L.B. Rai and Mr. V.K. Singh,
Advocates
versus
THE STATE (GOVT. OF NCT OF DELHI)andORS…..Respondents
Through: Mr. Vikas Arora, Advocate for respondent
Ms. Richa Kapoor with Ms. Sukriti Bhardwaj, Advocates for
State.
CORAM:
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to
see the judgment? YES.
2.To be referred to the Reporter or not? YES
3.Whether the judgment should be reported in the Digest?
YES
SHIV NARAYAN DHINGRA, J
1. This petition under Section 482 of Cr.P.C. has been
made on behalf of petitioner for
quashing/setting aside the order dated 20th July, 2006
passed by learned Additional Sessions
Judge, Delhi whereby the learned ASJ upheld the order of
the Trial Court discharging
appellants Bishan Pal Singh, Smt. Santosh Devi, Gajendar
Singh and Toshan Singh. Bishan
Pal Singh is the father-in-law of the complainant, Smt.
Santosh Devi is the mother-in-law of
complainant and Gajender Singh and Toshan Singh are the
brothers-in-law (husband’s
brothers) of the complainant. The complainant made
allegations involving almost every
member of the family of her in laws. Learned Metropolitan
Magistrate, after going through the
evidence observed as under:
?Perusal of record shows that the allegations of the
complainant are against the accused
person except the accused husband with respect of
taunting for bringing insufficient dowry. But
there is not a single allegation that the accused persons
made any subsequent demand for
dowry and consequent harassment for not meeting with their
demands. Admittedly the
complainant and her husband and in laws of the
complainant were staying at Ghaziabad.
Whereas the complainant most of the time resided with her
husband at Riwari. It was held in
AIR 1996(Supreme Court) 67 that taunting for not bringing
sufficient dowry is distinct from
demand of dowry and should not be confused with. Though
taunting for bringing insufficient
dowry is also an uncivilized act but does not come within
the purview of Section 498A,
sufficient to constitute the offence i.e. the cruelty to
the complainant with respect to not
fulfillment of demand of of dowry. There is not a single
allegation that except for the alleged
taunting the complainant was ever harassed with respect
to further demand of dowry. Hence
the prima facie case under Section 498A is not made out
against accused Bishan Pal, Santosh
Devi, Gazender Singh and Kaushan Singh.?
2. Against this order, the petitioner preferred a
revision petition before the Court of Sessions
and the learned Sessions Judge after considering the
entire material observed as under:
? In the present case, husband, Yashwant Singh, after
marriage was residing separately from
his parent and brothers. He was residing at Rewari,
Haryana. The
Ld. Trial Court found that allegation of the complainant
are against the husband
only. There were no specific allegations against the
accused persons, namely, Bishan Pal
Singh, Smt. Santosh Devi, Gajender Singh and Toshan
Singh. The Ld. Trial Court was of the
opinion that there was not even a single allegation that
the accused persons made any
subsequent demand of dowry and harassed the complainant
for not fulfilling their demand. The
complainant most of the time was residing with her
husband at Rewari, Haryana. There might
have been one or two instances of taunting for not
bringing sufficient dowry but they are not
sufficient enough to attract Section 498A. There are not
specific allegations with respect to
entrustment of dowry items to the accused persons. Since,
the complainant stayed with her
husband at Rewari, Haryana, the entrustment of dowry
articles can be presumed to be to the
husband. There were no specific allegations of
entrustment to the accused person, namely,
Bishan Pal Singh, Smt. Santosh Devi, Gajender Singh and
Toshan Singh.?
3. A perusal of the complaint would show that as per
allegations dowry demand was made
even before marriage i.e. at the time of engagement and
an AC was demanded from her father
by her in-laws and her father had assured that AC would
be given at the time of marriage.
However, she told her father ?You have given car and AC
at the demand of in laws, what will
happen if they demand a flat tomorrow?. Despite her this
conversation with her father and
despite her knowing that dowry demand had already been
made, she married in the same
family irrespective of the fact that she was
well-educated lady and was an engineer and her
brother was in police. In fact, these kinds of
allegations made after breakdown of the marriage
show the mentality of the complainant. I consider where
these kinds of allegations are made,
the police should simultaneously register a case under
Dowry Prohibition Act (in short ? the
Act?) against the parents of the complainant as well, who
married their daughter despite
demand of dowry. Section 3 of the Act prohibits giving
and taking of dowry. If a woman of
grown up age and well educated gets married to a person
despite dowry demand, she and her
family becomes accomplaice in the crime under Dowry
Prohibition Act.
4. Now-a-days, exorbitant claims are made about the
amount spent on marriage and other
ceremonies and on dowry and gifts. In some cases claim is
made of spending crores of rupees
on dowry without disclosing the source of income and how
funds flowed. I consider time has
come that courts should insist upon disclosing source of
such funds and verification of income
from tax returns and police should insist upon the
compliance of the Rules under Dowry
Prohibition Act and should not entertain any complaint,
if the rules have not been complied
with. Rule 2 of the Dowry Prohibition(Maintenance of List
of Presents to the Bride and
Bridegroom) Rules, 1985 reads as under:
?2. RULES IN ACCORDANCE WITH WHICH LISTS OF PRESENTS ARE
TO BE
MAINTAINED.-(1) The list of presents which are given at
the time of the marriage to the bride
shall be maintained by the bride. (2)The list of presents
which are given at the time of the
marriage to the bridegroom shall be maintained by the
bridegroom. (3)Every list of presents
referred to in Sub-rule(1) or Sub-rule(2)- (a) shall be prepared
at the time of the marriage or as
soon as possible after the marriage; (b) shall be in
writing; (c) shall contain:- (i) a brief
description of each present; (ii) the approximate value
of the present;
(iii) the name of the person who has given the present;
and (iv) where the person giving the
present is related to the bride or bridegroom, a
description of such relationship. (d) shall be
signed by both the bride and the bridegroom.
5. The Metropolitan Magistrates should take cognizance of
the offence under the Act in respect
of the offence of giving dowry whenever allegations are
made that dowry was given as a
consideration of marriage, after demand. Courts should
also insist upon compliance with the
rules framed under the Act and if rules are not complied
with, an adverse inference should be
drawn. If huge cash amounts are alleged to be given at
the time of marriage which are not
accounted anywhere, such cash transactions should be
brought to the notice of the Income
Tax Department by the Court so that source of income is
verified and the person is brought to
law. It is only because the Courts are not insisting upon
compliance with the relevant
provisions of law while entertaining such complaints and
action is taken merely on the
statement of the complainant, without any verification
that a large number of false complaints
are pouring in.
6. I consider that
the kinds of vague allegations as made in the complaint by the petitioner
against every member of the family of husband cannot be
accepted by any court at their
face value and the allegations have to be scrutinized
carefully by the Court before framing
charge. A perusal of the complaint of the
petitioner would show that she made all kinds of
allegations against her husband regarding beating, that
her husband was having illicit
relationship with 35 girls; he forced her to write
suicide note, abused her, taunted her,
threatened and told her that he was getting another bride
of more richer family while she was
in Rewari with her husband and she made telephone call to
her parents who came to Rewari
and took her to parental home. She had also given phone
to one of her friends Jigyasa. A
perusal of the statement of Jigyasa would show that she
told Jigyasa that it was her husband
who was torturing her and behaving with cruelty. However,
in her complaint, she made
vague and omnibus allegations against every other family
members. The statement
made by her and other witnesses have been scrutinized by
me, except vague allegations and
allegations of taunting, there are no allegations of
perpetuating cruelty on her by any of the four
respondents in order to compel her to bring more dowry or
any particular items.
7. In view of my foregoing discussion, I find no reason
to disagree with the order of two Courts
below. The petition is hereby dismissed being devoid of
merits.
February 23, 2007 SHIV NARAYAN DHINGRA, J.
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
How to ensure Fair
Investigation while making CS
to ensure that those proofs in your favor get recorded loop the IO,
SHO, DCP & PHQ in a single letter (paper tiger)
letter to SHO
copy to IO
copy to DCP
copy to PHQ
(1) then same day goto first SHO & give him first two copies &
get receiving (diary number) hand to hand.
(2) then same day after above step goto DCP & get stamp &
sign.
(3) then same day after above steps goto PHQ & get stamp &
sign.
then after three working days goto DCP & get diary number recorded
by them on the (2) above.
then after four working days goto PHQ & get diary number recorded
by them on the (3) above.
Now, if in next CS if that is not recorded then that entails
departmental action against the IO thru PHQ. On that basis you can do the
following:-
(1) Complaint to CP PHQ for non-compliance
(2) Complaint to Vigilance CP PHQ or at lower level you can also
complaint to CB CID
(3) Contempt of Court complaint to concerned judge or MM citing SC
Judgment of Jan'2014
against IO
That's it !!!
What to do after CS
Source:-
http://www.lacunaeinthechargesheet.blogspot.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
SOME3 wrote:
@aturchatur
sir, is there any way to pressurize the dirty/corrupt cops towards fair
invstigation ?
Or you feel only money can make the mare
go ?
(Note:- Most of these are the
discussions of the year 2014)
aturchatur wrote:
@ SOME3, Yes, I will post that letter of mine
asap after CS is prepared for my case. I wrote the hints already above,i.e.,
after writing that paper tiger, how I approached IO, SHO, DCP & PHQ thru valid
method.
I Already posted regarding perjury against dirty cops at social stigma
thread above also reflected below. JUST SEARCH AS FOLLOWS ON SOCIAL STIGMA:-
How to file a
Criminal Application u/s 340 CrPC against Dirty Cops - When they file a False Affidavit
in the Court
Source:- http://www.pejuryagainstcops.blogspot.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
SOME4 wrote:
if possible then pls post that letter asap as i also am
in need of it.
Thanks
aturchatur wrote:
@ SOME4 bro, check PM
aturchatur@yahoo.com
SOME4 wrote:
atur bhai send to my email also. mjbo....
thanks
SOME4 wrote:
atur bhai.
i have received a letter yesterday from PHQ saying that
on your rti the same has been forwarded to SPUWC and East District for sending
reply directly. however, i have asked some points which were concerning PHQ.
should i appeal to PHQ for those points (first appeal). i am again sending you
my rti application in email. seek ur and other members inputs. the information
which i will be receiveing will be useful for other members also.
thanks
aturchatur wrote:
@ SOME4 bro, reas as
follows:-
Yes, you need to mention that point no, XX & YY
concerns your esteemed PHQ so I request that those info be provided by your
respecxted authority.
For all other points, SPUWAC wll answer & you will
wait for their answer.
NOTE:- In that letter while forwarding your RTI to SPUWAC
by PHQ there is always a mention of FAA. If NOT then designate it to FAA PHQ
Delhi. It will automatically reach the exact destination. Since you feel that
this letter will help fellow figters, hence feel free to post there so others
can also suggest directly to you.
Thanks & Regards
Atur Chatur
aturchatur@yahoo.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
SOME4 wrote:
thanks brother for your prompt response chatur bhai.
1. my family court hearing is on 5th september. i am
thining that in my reply, i will enclose some photos of children (in colour) in
the court copy. wife copy and my copy i will just photocopy in black andwhite.
as i sent u some photos of my childern, especially son looking very sad in 5-6
photos without father. in colour photos, it is more prominent.
2. another thing - what is dasti order. and how to apply
for it during the hearings....
thanks
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
ANTICIPATORY BAIL ORDER SAMPLE
SOME6 wrote:
Below is my anticipatory bail order, sharing for the
benefit of all:
By this order, I propose to decide the bail application
filed on behalf of accused
XXXXX. Arguments have been heard on the bail application
from the learned
Additional PP assisted by the learned counsel of the
complainant as also from the
learned counsel of applicant/accused. The present case
has been registered under
Section 498-A/406/34 IPC. The learned counsel of the
complainant has argued that the
allegations in the FIR are false and baseless. It is
stated that the complainant left the
matrimonial home on XXXXX at her own. On XXXX, she again
came to the matrimonial
home with her parents, brother and some other relatives
and took away all the
jewellery articles with her.
It is stated that the complainant and her family has been
extending threats to the
applicant/accused and his family and using
unparliamentary language and passing
defamatory remarks. It is stated that on XXXX,
complainant and her family created a
massive drama at Police Station XXXXX and had also
manhandled the accused. It is
also submitted that complainant herself is not ready to
take the dowry articles offered
by the applicant/accused before CAW Cell. The applicant
had filed applications before
DCP, and SHO PS XXXXX for return of dowry articles. He
also filed an application
before the court of learned MM for giving directions to
SHO to take into possession the
admitted articles and on the said application, police
filed a report that complainant is
not interested in coming to the police station for
identification of her articles.
Along with this application, applicant has filed
transcripts of recorded audio and video
conversation and has also filed a CD. The application has
been opposed by the
learned Additional PP assisted by the learned counsel of
complainant arguing that the
parents of the complainant had spent beyond their
capacity but applicant and his family
were not happy and they demanded more dowry and that
complainant's father
managed Rs. 5 lacs which were paid to the family of the
applicant. It has been
submitted that the entire articles of Istridhan are in
possession of the applicant and the
in-laws of the complainant and that custodial interrogation
is required for the recovery
of articles of Istridhan.
The marriage between the applicant and complainant was
solemnized on XXXX. As
per allegations in the FIR, at the demand of mother in
law of the complainant, Rs. 5 lacs
were paid prior to the marriage. It has been stated in
the FIR that the mother in law of
the complainant taunted her several times that there were
more eligible matches than
her for her son. She was told that she has destroyed the
sanctity of her house. She was
made to wash clothes including bedsheets. Her mother in
law used to incite her
husband against her and used to tell repeatedly that her
marriage will never last. The
applicant did not want the complainant to talk her
parents for help. On XXXXX, her
mother in law threw her out of the house. The applicant
supported his mother in her
decision. The applicant followed the complainant out of
the house but when he found
that she had contacted her parents for help, he wanted
her to come back in the house.
It is stated in the FIR that her in-laws and husband
insulted her and that on XXXXX,
applicant threatened to kill her.
It is also stated that applicant under the influence of
his mother, tortured her mentally
and threatened to divorce her several times. It has also
been stated in the FIR that all
the valuable jewellery and belongings given to her by her
parents have been retained
by her in-laws.
Along with the bail application, the applicant has filed
various documents. He has filed
applications filed before the ACP and SHO for the return
of admitted articles. He has
also filed the copy of an application which he filed
before the court of learned MM for
giving directions to SHO/IO for taking possession of the
admitted articles. In response
to the said application, IO filed the report that he has
telephonically informed the
complainant but her response was that she would first
consult her advocate and then
tell as to what she is to do.
The learned counsel of the applicant has argued that he
had given CD to the DCP as
proof of his false implication vide letter dated XXXXX.
The copy of the said letter has
been placed on record. The applicant has filed the CD
along with bail application and
has also filed the transcription of recorded conversation
with the parents of the
complainant and her relatives on XXXX when the applicant
went to her place to pick
her up and in the said conversation, the parents and
relatives of the complainant
agreed that there was no dowry demand and the complainant
was not harassed
physically at all.
The applicant has also filed the transcripts of his
conversation dated XXXX with the
complainant wherein the complainant admitted having taken
her belongings with her.
The learned counsel of the complainant has argued that
applicant is an IT expert and
has used his expertise to fabricate the CD but the
learned counsel of applicant has
argued that he has also filed the video footage of the
scene created by the complainant
and her parents at the main gate of the society of
applicant which has been captured in
the CCTV camera of the society and the same cannot be
fabricated and manipulated
and in this regard, a certificate has been issued by the
President of society regarding
the genuineness and authenticity of the said video
footage. It has also been argued by
the learned counsel of the applicant that in the CCTV
footage, it can be seen that
complainant and her parents hurled most vulgar abuses on
the mother of the applicant
and also made allegations of illicit relationship between
the applicant and his mother.
The mother of the applicant has already filed criminal
complaint under Section 500 IPC
for defamation against the complainant and her parents.
Having gone through the
contents of the FIR, it is found that there is no
allegation of dowry demand against the
applicant. Rather, most of the allegations are directed
against her mother in law by the
complainant. The transcripts of recorded conversation
prima facie show that applicant
had taken back her belongings. The applicant has already
offered to return the dowry
articles before the police as also before the court.
Otherwise also, the bail cannot be
denied on the ground that dowry articles are to be
recovered as the present proceedings are not for recovery
of articles of Istridhan.
Hence, considering the facts and circumstances of the
case, in the light of the
arguments addressed, it is directed that in the event of
arrest, applicant/accused be
released on his furnishing a personal bond in the sum of
Rs. 20,000/- with surety of the
like amount with condition that he shall join the
investigation and shall not tamper with
the evidence and shall not leave the country without the
prior permission of the court.
He shall also surrender his passport, if any, with the
IO.
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
SOME4
dear atur bhai and other fighters
on friday family court hearing the principal judege of
vishwas nagar family court said that now
the case is in karkardooma court since madhu vihar ps
jurisidction in that court. so next hearing
on 22nd septembr 2.00 pm in karkardooma court principal
judge mr. chadha.
will keep on updating
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
Reply to SOME4 rgarding RTI Activism
Source:- check post in SOCIALSTIGMA thread with heading
RTI ACTIVISM
SOME4 wrote:
brother atur
tomorrow i am planning to file rti first appeal for the
reply so far provided by mha and phq in my case.
on my detailed rti (i had sent an advance copy to u
also), mha ut division have just said that all the advisoryes are in their
website. they are silent on teh officer to whom complaint to be made if
violation etc. and some other points on the delhi police front, the phq have
just forwarded my application to dcp east and spuwc without providing
information available with them.
so will file first appeal after bringing the papers from
home. seek advice and guidance.
aturchatur wrote:
@ SOME4, Since the
letter has been forwarded to SPUWAC etc hence from that date of forwarding you
need to wait for their reply for at least 35 days. On 36th day, you can shoot a
FIRST APPEAL.
Further, whom to complaint is a very small question
because you can complaint to PHQ directly if any problem & the letter moves
from there so this need not to be disputed. Directly catch their wrongs towards
contempt if they did contempt of any standing instructions or court orders.
You can get your First Appeal prepared or perfectly
drafted by me as I have a very good expertise in this matter. We need to catch
the PIO and also ask for FIR or other legal action agains the PIO within our FA
so that he doesn’t gets any out gate in connivance with the FAA.
Immediately send me the RTI and PIO Reply to my email id
for guidance. thanks
aturchatur@yahoo.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
SOME3
thanks brother i want to catch falseness of the fir
lodged against me. also i think delhi gov.t mediation has failed since i am now
not inclined to do it. 5th septe hearing in principal judge talwant singh
family court of vishwas nagar. judge said that since it concern madhu vihar ps
so case will be shifted to karkardooma court principal judge pradeep chaddah
22nd september 2 pm. i was able to give my reply to the court and also a copy
to their lawyer. their lawyer saying that if u want court appointed mediator -
not like the delhi govt. mediator. he will also protect ur interest and also he
will directly report to the court / judge so no middleman. will see after some
time.
i am also seriously thinking of filing complaint to cp,
dp reg. invt. to be fair and fully to protect the interst of my children.
seek advice.
also if posible send me email abt ur case status
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
aturchatur wrote:
thanks brother i want to catch falseness of the fir lodged against me.
do u mean CS not yet presented ?
also i think delhi gov.t mediation has failed since i am now not
inclined to do it.
need not worry about it's failure/ success. just
concentrate on your terms.
5th septe hearing in principal judge talwant singh family court of
vishwas nagar. Judge said that since it concern madhu vihar ps so case will be
shifted to karkardooma court principal judge pradeep chaddah 22nd september 2
pm.
Yes, that is fine because in March there were HC directions
in regard thereof so that is a normal procedural aspect.
i was able to give my reply to the court and also a copy to their
lawyer.
what reply you gave.
important point to chhod diya tumne. pls write what u replied.
their lawyer saying that if u want court appointed mediator - not like
the delhi govt. mediator.
if their lawyer saying verbally then let them say. if
they give in writing anything or any such thing comes on court record then take
out CC & discuss so we can discuss. the opp g@ng seems to be in a bit/bot
hurry to trap u thru mediation route. Stand firm dear like u followed my advise
6-8 weeks back when you were highly fed up & tensed due to
the biased mediator at DDRS
he will also protect ur interest and also he will directly report to
the court / judge so no middleman.
just say hmmm hmmm i.e., willingness. as u say. do not say
no to any mediation. just attend it. opp g@ng will be more worried if mediation
fails as I knows ur case so far.
will see after some time.
OK
i am also seriously thinking of filing complaint to cp, dp reg. invt.
to be fair and fully to rpotect the interst of my children.
Yes, that I encourage. Go ahead. Post here itself the
letter so amendment can be suggested by other fighters also & that will
also facilitate learning for many more prospective fighters over the yrs to
come.
seek advice.
read above.
also if posible send me email abt ur case status
if u check page 2 of SOCIAL STIGMA thread then you will find the
updates there itself, else more we will talk thru other communication channels
aturchatur@yahoo.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
SOME7 wrote:
Members,
Police has denied to answer my RTI questions. I sent RTI
to Police Commisioner office on Aug 13th from there it was sent to
corresponding office for answer and then finally I got reply that they can not
answer my RTI.
What to do.
aturchatur wrote:
If you asked the question, for which the answer has to be
provided under RTI Act'2005 then they have to provide you the answers.
Can u copy-paste just your RTI Application so exact/
to-the-point suggestions can be provided?
Thanks & Regards
Atur Chatur
aturchatur@yahoo.com
SOME4 wrote:
give first appeal to Police commissioner enclosing the
rejection letter of the police. also say that since it concerns human rights
violation it is a serious violation that police is point blank denying your
information. do it fast and update members also abt the reaction.
rti, sc judgement, etc are meant for protecting human
rights information.
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
Charge Sheet Returned due to
LACUNA
https://in.news.yahoo.com/court-returns-charge-sheet-against-amit-shah-080211662.html
UP court returns charge sheet
against Amit Shah
The magistrate returned the charge sheet with directions to police
that the case should be reinvestigated as there were many lacuna in the
sections slapped on Shah.
The rejection left the Akhilesh Yadav government red-faced as the BJP state unit
has alleged that the Samajwadi Party government added new sections - some
serious and nonbailable - against Shah out of political vendetta.
Shah reportedly delivered the speedch April 4. He was then booked by
police for breaching prohibitory orders under Section 144. He was at that time
in charge of the BJP poll campaign in Uttar Pradesh.
Now, more Sections - 153(a), 295(a) and 505 of the Indian Penal Code -
have been added to the charge sheet filed by Nai Mandi police of Muzaffarnagar.
Meanwhile, home department officials said police would will be asked
to re-investigate the matter thoroughly and submit a new charge sheet.
SOME1 wrote:
Neta logo ka kanoon aam aadmi pe apply nahi hota
These are political moves
aturchatur wrote:
You are correct SOME1, that's why heading includes the
terminology LACUNA.
Summary:- If any1 wants to raise questions on CS then it will be
lacuna (i.e., the gaps) which one needs to concentrate on.
LACUNA are of Two Types viz.,
(A)
that favors accused:- SOME1 uses M Power & get dirty cops leave some lacuna in CS so that
accused can file for quash. This is practical one which was suggested to me by
a lawyer some time back to which I said no as my complaint against dirty cops
was already started & I wanted all my fight on ethics & contempt &
standing circulars & guidelines etc.
(B)
When there is NO
lacuna using M power:-
but SOME2 still finds
such lacuna. for instance:-
FIR starts from 498/406/34. But in CS 313 is also added. Now, after
getting CC of CS & annexed documents, the accused PIP/counsel finds that
there are no proofs i.e., Lacuna, that can be way of fighting.
Hope it clarifies.
Thanks & Regards
Atur Chatur
aturchatur@yahoo.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
Jeweller's tax evasion caught after complaint on false bills
SOME1 wrote:
Hi all,
I have been following messages/posts in this forum from
quite some time and have learned a lot. I thought to share a success story with
all members.
A dowry harassment case under IPC 498a and 406 was filed
last year on my entire family. Girl's side submitted false jewellery bills to
the police, when my family members were arrested, so that they can get the
custody of my family members extended under the garb of streedhan recovery.
These jewellery bills were prepared by girl's cousin, who
is a jeweler himself. He didn’t mention any VAT on those bills. Moreover, many
irregularities are there on these bills, as these were prepared in hurry and
with mal-intention. Police didn't investigate those bills at all and shared
there incapability in investigating an economic offence.
We sent a complaint to Commercial Tax Department for the
investigation of these bills and after consistent follow up and couple of
RTI's, we received the information. The anti tax evasion team nailed down the
jeweler and found an offence under section 25(1), 55 and 61 of VAT act 2005 on
him. During the audit of his documents for the last three
years, anti tax evasion team found no entries in his
books on the sale of jewellery worth Rs 50 Lakhs. Jeweller accepted his offence
and paid the required tax with interest and penalty.
I have few queries and appreciate comments from the
experts in this forum
a. Would this story be of interest for media and is this
a good time to share this story on the subject or as a success under RTI. If
yes, I will be grateful if you could share contacts of the journalists, who
will be interested in such story. Your inputs/ideas are welcome.
b. The other query is on the authenticity of the bills.
Now since he has paid taxes on those jewellery bills after 3 years from the
date of cash memo and post the complaint, would that mean that the bills can be
treated genuine by the court?
SOME4 wrote:
brother some quick inputs from y side.
1. your
wife cousin brother if preparing false bills for convicting u and your family
is not only guility of tax evaision but also guilty of criminal case and
extortion and contempt of court and others.... i think u should file a criminal
complaint in this matter not only against the wife but also against this cousin
also.
2. yes
this should be also in the media. it is not a matter of simple fraud but a
criminal connivance between ur wife and cousin and their family. it should also
be taken up strongly in the relevant court also and i think u should also
request the hon'ble court to start criminal proceedings against them also.
3. since
one of their major lies has been exposed they will be on the backfoot and will
not be able to defend other charges being made.
4. even
in ipc i think 188 misleading charge made so that the other party is sent to
jail - u can press for charges on that point aklso.
thanks
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
CHARGE SHEET PRESENTED OR NOT -
Find Out thru RTI
SOME1 wrote:
APPLICATION FOR INFORMATION UNDER THE
RIGHT TO INFORMATION ACT 2005
FORM A
SECTION 6(1) OF THE RTI ACT,2005 READ WITH
To,
The State Public Information Officer,
XXXXXXXXXXXXXX, IPS
Deputy Commissioner of Police (Headquarters), XXXXXXXXXXX,
XXXXXXXXXXXXXXXX
Subject: Application under Section 6(1) of the RTI Act – 2005, as
being this matter concerns to the life and liberty of applicant XXXXXXXXXXXX.
Reference: XXXXXXXXX P.S. Case No. XXXX, Dated: XXXXXXX filed at XXXXXXXXXXX
by XXXXXXXXXXX against XXXXXXXXXXXX and XXXXXXXXXXX u/s 498a, 406, 34, 3-4 DP
Act.
Respected Sir,
Kindly provide me the requested information the details of which are
given below:
1. Full name of the applicant : XXXXXXXXXXXXXX
2. Father’s Name of applicant : XXXXXXXXXXXXXXXXXXXX
3. Address :
XXXXXXXXXXXXXXXXXXXXXXXXXX
Email id.: XXXXXXXXXXXXXX Mobile No.: XXXXXXXXXXXX
4. Particulars of information required :
4.1 Certified copy of FIR XXXXX P.S. Case No. XXXXXX, Dated: XXXXXXXX
filed at XXXXXXXXXXXXXXXXXXXXX.
4.2 Certified copy of Charge Sheet against FIR XXXXX P.S. Case No.
XXXX, Dated:
XXXXXXXXX filed at XXXXXXXXXXXXX.
4.3 Certified copies of all documents, annexures, case diaries,
medical reports, list of dowry items, witness statements, seizure list, PR
Bond, bail order, etc. complete in all aspects related to XXXXXX P.S. Case No.
XXXXX Dated: XXXXXX filed at XXXXXXXXXXXXX.
4.4 In case any of the information sought above is denied, kindly
provide justification for the same.
4.5 Whether the applicant is below poverty line: NO
4.6 Whether applied earlier to other PIO: NO
5. I state that the information sought does not fall within the
restrictions contained in Sections 8 and 9 of the Act and is a matter of my
life and liberty.
6. I state to the best of my knowledge that the information sought
above pertains to your office (vide police order no. 8/2012 dated 19/04/2012).
7. Attached Documents:
7.1 Indian Postal Order No. _____________ dated ____________ Post
Office City________________ Rs________________ as application fees.
7.2 Copy of Identity card of applicant as proof of identity and proof
of address.
Signature of the applicant
Place:
Date :
Copied to:
1. XXXXXXXXXXXXXX
Commissioner of Police (Headquarters), XXXXXXXX
XXXXXXXXXXXXXXX
2. Inspector in charge
XXXXXXXXXX Police Station,
XXXXXXXXXXXX
I had sent these application along with the postal order attached
through registered post (status delivered.. took print out from
indiapost.gov.in) to the PIO but not received any communication from them...
should I go for first appeal ? if yes can anyone please provide a the details i
should include into first appeal?
SOME1 wrote:
I got a letter from PIO which gave the Charge sheet number and asked
me to collect the documents from court.
I have got the copies from court... Also I sent another RTI (around 12
pages) mostly Yes/No, amounts, justification, etc to get information about
investigation of 498a case under 7.1 Life or Liberty around 5 - 6 days back.. I
am waiting for them to come back..
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
SOME8 wrote:
Aturchatur Bhai,
Well FIR already done which is Xerox copy of complaint of
bitch she gave in CAW. No allegation of dowry and I already returned all
stridhan and took receving from her as well as I/O of CAW cell attested the
same that all her stridhan received. Then I left India . After that CAW sent
complaint to Her thana and they filed fir . I got a copy from DP website.
Tracked the court proceeding and notice issued first time came back as premised
lock and on second date judge
sent notice thru speed post and next date is in dec.
I brief u all thru pm but now I am writing in detail.
1. As stridhan return can I file rti that y 406 is put in
fir although I already returned all before fir.
2. There is no dowry allegation then why they put 498 a
although bitch had mentioned in complaint of physical abuse.
3. At this stage what type of rti and to whom I can send
which help me to get AB and later qashing the FIR.
4. Please keep in mind I am outside India. So I have to
file RTI from outside India. Should I mention my outside India address.
5. If possible give me RTI format which is applicable in
this stage.
6. If possible give me your cell number thru pm so I will
talk to u. No pressure.
Regards
SOME8
SOME8 wrote:
Cont: bitch filed the case I. Delhi her residence but we
stayed together in noida. She had mentioned in complaint that crime happened in
Delhi neither there is anything which shows crime spread. Prima facie shows
crime that bitting her only happened in my home by me. Truth is that we had
arguments and quarrel but no physical a used happened. Neither she have any
medical to prove.
2. She filed complaint after 20 days leaving my house.
Just see how I can handle all.
SOME8 wrote:
Sorry read as follow: she had not mentioned that crime
happened In Delhi (her maternal house). Can case to change judriction filed.
aturchatur wrote:
RTI must be filed from Indian Address.
Get a postbox number & let any1 file it on your
behalf.
Or better, tell any family relative to file it.
Mention dhingra contempt of court judgment which says FIR
can't be done without proper probe. It will be even better if you directly file
a complaint to Delhi PHQ regarding FIR done in contempt of court.
Yes your other points regarding 406 & 498a seem to be
something worth which can form part of RTI or complaint.
Your other two postings had something which are called as
contradictions which will be answered when she will file DV or 125 or 24HMA or
any other case on you.
Hope this clarifies
SOME8 wrote:
Thanks aturchatur Bhai,
I do have dhingra judgement. Can you please pm me rti
format/ complaint format to send to PHQ.
Regards
SOME8
aturchatur wrote:
Regarding RTI formats etc you must be a regular at RTI
CONSULTANT DELHI website.
Visit:-
http://www.RTIconsultantDELHI.blogspot.com
Regarding complaint to PHQ, simply write a letter as per
your best judgement make it a final draft.
When it's fully finalized then post it here for
suggestions.
aturchatur@yahoo.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
SOME4 wrote:
atur bhai i have sent a draft of the complaint to cp, dp.
kindly have a look and email me with ur suggestions or pm me.
yesterday hearing nothing happened. principal judge of
karkardooma gave next date for 25.2.2015. also thinking of writing to teh chief
justice of delhi high court for fair trial and child visitation on urgent
basis.
thanks
aturchatur wrote:
@ SOME4, can u please
post the letter here ?
aturchatur@yahoo.com
SOME4 wrote:
I will PM right now
aturchatur@yahoo.com
aturchatur wrote:
replied SOME4, also
post here the RTI response that you received regarding contempt
aturchatur@yahoo.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
RTI to police on false 498a arrest
(prepared SOME9)
Application for obtaining information under the Right to
Information Act, 2005
From:
(Your Name and Adress)
To:
Public Information Officer
O/o SSP
XYZ CITY
Reference : FIR No —–Dated—– at XYZ Police Station
Respected Sir,
Subject: Particulars of Information Required on
Cr.No:XXYY/2009
1. Please
provide me the Station Diary / Police diary and Roll Call of Cr.No: XXYY/2009
starting from dd/mm/yyy to dd/mm/yyyy and the entire case dairy details
(communication docs between I.O, Inspector of Police and ACP).
2. Please
supply me information on date, time & place of crime happened.
3. Please
provide me I.O details, date, time & place of investigation.
4. As
per the complainant statement, she left matrimonial house on —– due to
harassment,please supply the address and time of the incident.
5. Please
supply me Cr.No: XYZ/2009 Investigation/enquiry details (happened at crime
place,).
6. Please
provide me Cr.No: XYX/2009 case certified FIR copy, documentary evidences
collected & Charge Sheet.
7. Please
supply me certified copies of the documentary evidences collected by the I.O
before fixing my family into the case (collected from Miyapur for the
allegations happened at Miyapur).
8. Please
supply me certified copies of the documentary evidences collected by the I.O
before fixing my family into the case (collected from Dilsuknagar for the allegations
happened at Dilsuknagar).
9. Please
supply me information which are the allegations happened at Dilsuknagar.
10. As
per the complainant’s statement, they gave 2 plots, 11 lacks rupees cash and 40
tulas gold. Please provide those 2 plots details given and the date of transfer
of property and documentary evidences collected by Investigation officer.
11. Please
provide the documentary evidences or bank statements for the transaction of 11
lakhs amount.
12. Please
provide documentary evidences or receipts for 40 tulas Gold and on which date
they have given to accused.
13. Certified
copy of complainant’s medical or hospital records showing the physical
harassment.
14. Please
supply me information on when Mr.FIL came to know about the incident (time,
place and through which media).
15. Kindly
supply information under which sections of the Cr.P.C, the investigation is
carried out at Dilsukh Nagar.
16. As
per Cr.P.C- 177 to 181, investigation on the crime should have happened at the
crime place (in the present case crime place is Miyapur). Please provide me
details whether this investigation is done as per the legal procedure.
17. Kindly
provide me information under which section(s) of Cr.P.C or other supporting
Act, investigation is carried out for the crime FIR. xyz/2009.
18. As
per complaint, it is stated that my family members instigated me to demand
dowry, does this allegation, abetting demanding dowry attracts 498-A IPC on my
family members. If answer is YES, please provide the supporting reference docs
for the same.
19. All
the allegations reported on accused persons happened at Miyapur. For the
investigation on the crime happened outside your FIR registered PS limits,
needs Honorable Court cognizance under Cr.P.C (156 & 170) sections, correct
me if I am wrong. Please supply me the permission received from Honorable Court
by the investigation team to continue their investigation.
20. Kindly
supply me information on the legal Act with section (sub-section if any) under
which Saroor Nagar PS can investigate (to file charge sheet U/s-498A IPC) for
the crime FIR No.xyz/2009 happened at Miyapur.
21. As
per Cr.P.C-161 statements of the complainant’s mother and witnesses dowry is
given at the time of marriage. Giving dowry and abetting giving dowry is also
crime. Kindly supply information why police did not register the case against
these persons.
22. Kindly
provide me information on not collecting the neighbor’s statements at my house,
Miyapur, Hyderabad.
23. Please
supply me information when I.O met (date, time and place) my sister, brother,
parents and relatives (accused) and informed (with which medium) about the
allegations on them during the investigation.
24. Please
supply me the details of people with whom I.O met during his/her investigation.
25. Please
supply me information why the complainant delayed to report the crime on
May-15th 2008.
26. Please
supply me the documentary evidences supporting the crime by my relatives.
27. Please
send me the details (with bills) of the furniture that the complainant gave to
us.
28. Please
specify the duration of stay of the complainant with my family at Miyapur and
also specify the address of stay.
29. Does
any proof submitted to the police that show complainant lived with us.
30. Complainant’s
maternity uncle Mr. BOBBA Reddy says that 1 lack rupees dowry given at the time
of marriage. Her mother says 11 lacks dowry given. Which statement is
considered to be true by the I.O before filing the charge sheet?
31. Does
the I.O have given the opportunity to the accused to tell the facts with
him/her before submitting the charge sheet in the honorable court? Please
supply me the supporting evidence.
32. Please
provide me why I.O not interested to collect the statements from neighbors at Miyapur.
33. Does
it require collecting the statements from the neighbors at Miyapur?
34. Please
supply me information on “Jurisdiction” of PS in dealing the criminal cases.
35. Does
your PS have the jurisdiction to file the charge sheet?
36. Does
it required to inform the accused persons about the allegations on them. If
answer is yes, does it happen in this case?
37. Do
you admit that I.O failed to transfer the case to the respective PS, which has
jurisdiction to entertain the case?
Please provide me information on the above mentioned. For
any particular item above if information is not available, kindly inform me why
that particular item details were not available. If any of the above items is
not understood kindly let me know, for rest of the items please send me the
information.
Information required: Through Registered Post
Whether the applicant is below poverty line : No
Language demanded (U/s 6(1) of the RTI Act 2005): English
I.P.O (for Rs. 10/-) Number:……………………………….
In case the subject matter /any of the information is
held by / related to another public authority, You are requested to transfer
the application or such part of it as may be appropriate to that other Public
authority with intimation to the undersigned (Section 6(3) of RTI Act).
Place:
Date: Signature
1. I have given a petition dated ——- requesting my wife
to join matrimonial life, why IO did not disclosed that information in the
Charge sheet or did not present it to the Honourable court.
2. Complainant and her parents very well knows about this
petition for reqest to join marital life and in reply to that she denied to
join marital life, but nowhere they mentioned about this in the FIR. Why the
investigation officer did not disclosed this information in the charge sheet.
(This are Sample
questions, you can change / add as per your situation)
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
If IO tries to Convict you
Falsely by committing Perjury then use this judgment
The prosecution for perjury should be sanctioned by
courts only in those cases where the perjury appears to be deliberate and conscious
and the conviction is reasonably probable or likely. No doubt giving of false
evidence and filing false affidavits is an evil which must be effectively
curbed with a strong hand but to start prosecution for perjury too readily and
too frequently without due care and caution and on inconclusive and doubtful
material defeats its very purpose. Prosecution should be ordered when it is
considered expedient in the interests of justice to punish the delinquent and
not merely because there is some
http://indiankanoon.org/doc/185142878/
CAUTION:- It will work ONLY FOR
DELIBERATE PERJURY so go ahead only if u can prove
that this perjury committed by
dirty copy was deliberate.
We have given serious consideration to the material on
record. However, we could not convince ourselves to take a view contrary to
that of the High Court. The High Court has rightly reached the conclusion that
there was no deliberate perjury to misguide the court while making such
statement or filing the affidavit. In such a fact- situation, the question of
allowing application under Section 340 Cr.P.C. read with Section 195 (1)(b)
Cr.P.C. was not warranted.
Perjury Application Sample
against Dirty Cops
http://www.perjuryagainstcops.blogspot.com
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
GOLD ITEM BILLS IN CS / WITNESS
PROOFS
SOME10 wrote:
Hi Friends & atur chatur sir,
Need your advice here urgently...
My wife has produced 3 making bills of Gold items of 60 tola to IO in
Police station...They are claiming that they have old gold with them (
Pushtaini ) and they have given that gold to Jeweller and he made new gold
items of 60 tola...
They produced 3 bills where jeweller name is mentioned and description
of items made ny jeweller and their weight is mentioned..
And making charges are also mentioned used to make that gold items...
NO VAT ...Service Tax is mentioned on bills and also Owner name to
whom gold items are given is not mentioned...
IO is saying that she has taken statement from jeweller and he is
saying that he has made those gold items out of old gold..
My question is....
1) Are these bills valid in court...will these be considerd as legally
valid bills?
2) What complaint , RTI ..i can file to trap the jeweller as they have
shown huge gold (60 tola )..
3) Where all i can file RTI..and what info i can ask from RTI
4) How to trap my in laws and jeweller using those bills ?
SOME11 wrote:
We have trapped N number of jewellars by summoning them in courts and
in fact they all have denied and haave mentioned that they never issued such
bills and never gave any statements to IO.
IO is also in dilemma now and some of the IO's are running behind to
get this summoning closed as they also are getting trapped because jewellars
and other shopkeepers mentioned that IO never came or never visited them for
any kind of
statement in any case.
So I would advice you to file a criminal complaint under various
sections and summon Sales Tax department and all bill owners during
Pre-Evidence stage of that criminal case and see the results.
SOME12 wrote:
These bills are not sustainable in the eyes of law due to following
reasons-
1- There is no name of purchaser
2- There is no vat paid
3- It may be their own justification to show the source of gold by
saying that it is pustani, but how they will satisfy sales tax/vat depatt.and
justify non-payment of vat?
4- If it would have been authentic nobody would pay vat. If we see
practically, You go to the same jeweler and say you want to purchase fresh
ornaments by exchanging old gold, he would first deduct 10% from old gold then
charge labour charges, and if pacca bill required would have to charge vat.
5- Better forward the bills to vat/tax depatt. for verifying its
authenticity.
6- Generaly it hapens that such bills are got prepared by giving extra
payment to jeweler and presented to police to pressurise the boy to extort
money with hope that the matter would not reach court but when after bail ,the
matter goes to court, such people have to face music if matter is pursued
properly.
Also check if bills have been issued on letter head or bill book form.
Other members may also give their views.
SOME13 wrote:
u must plead reconstruction of new jewellery from old does not mean
that it was given to u
pukka bills are needed with sale tax etc
reconstruction can be for their own use
bill are false,fake,fabricated,manipulated and afterthought and
procured one with malafide intention
u must summon jeweller along bill book and examine him as follows:-
have u bill books
why issued kacha bill in spite of fact u had pakka bill book with
numbering
to whom u issued pukka bill on that date and not them why (why issued
kacha bill)
who purchased whether written on bill
to whom u issued bill and have u any record
when purchased written on bill
it can be 10 yr ago bill or 6 month ago
have u licence to melt down and construct along with sale and purchase
of jewellery
are doing work of dye cuting or goldsmith or sale purchase of jewellery
or all
whether bill can be of other person as no name mentioned
what purpose for u reconstructed jewellery written on bill or u know
whether paid sale tax
whether u shown in ur income tax
give discription of old and new jewellery
have maintained separate record of reconstructed jewellery and brought
today
whether u purchased old and sold new jewellery
anw record record of sale and purchase
old jewellery
can be theft jewellery and u enquired about it and any info to police
aturchatur wrote:
@ SOME10, hope this
clarifies your issues.
These are very very good explanations especially you get
hold of this point mainly viz.,
(a) if
they say its old jewellery then you ask for sales tax and vat for
reconstructing that old jewellery into new. Then why jeweler did not pay cat
and sales tax on it. why io did not verified such validity & verifiability
of such bills.
Valid Verified
Bills
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
…………………………………………………………………
CHARGE
SHEET Expedition & FAIR INVESTIGATION before CS !!!
AFTER CHARGE SHEET PROBLEM
SOLVED THRU RTI [FIRST APPEAL]
SOME1 wrote:
After 35 days wait, RTI application for inspection of case file and
certified copies of identified records in an already chargesheeted case was
denied in by PIO citing this rule:
http://highcourtofkerala.nic.in/RTI_Subordinate%20courts%20&%20tribunal.pdf
Section 12: "No application for information of document relating
to any judicial proceedings shall be entertained under these rules"
What are my options now? I found so many CIC decisions stating
otherwise, but I don't feel so hopeful...
SOME1 wrote:
I desperate to do an inspection of the case file as I'm suspecting
foul play. Copy applications for certain documents within the case file was
denied earlier citing various reasons like:
- document in file is not
original or certified copy, so certified copy cannot be provided [how do I
see whats in that document then?]
- certified copy of another
court's order cannot be provided from this court [which I agree, but I
need a copy of whats there in the case file]
Earlier foul play that we uncovered include deliberately providing
incomplete certified copies (yeah, pages from middle were skipped/removed,
caught it multiple times already), refuse copy application citing document do
not exist in
case file. They succeeded in delaying me but eventually I got what I
wanted.
Outlaws are quite influential...
For reasons above, I need to succeed in inspection of the case files
in that court where DV & 498a are running...
SOME1 wrote:
Hurray!!! FAA allowed my appeal and ordered PIO to arrange for
inspection of case file! Certified copies of any document identified should be
provided through regular court process.
Here's what I wrote in appeal:
i. Section 22 of RTI Act 2005 clearly states that the information
which is not available to citizens under any other disclosure laws should be
disclosed under RTI. Though the Section 12 of High Court’s 2006 rules deny
information
on judicial proceedings, it has been clarified multiple times by Central
Information Commission that any documents which doesn’t fall under other Court
rules for information dissemination and unless expressly forbidden from
disclosure should be allowed under RTI. Please refer to enclosures for
list of CIC orders.
ii. ... [not relevant]
iii. Nothing in the case file has been expressly forbidden from
disclosure by the JFCM Court. Hence by the CIC decisions enclosed, PIO was
wrong in rejecting the RTI application.
iv. To best of my knowledge, no other provisions are available for
inspecting the case file. Hence, u/s 22 of RTI Act, 2005 the PIO should have
allowed inspection of the case file.
SOME1 wrote:
Just heard now - PIO got punishment transfer for malpractices
including tampering court records and is facing departmental enquiry. Truth
prevails!!!
THANKING ATUR CHATUR SIR FOR ALL QHE SUPPORT & GUIDANCE PROVIDED
YOU YOU.
YOU ARE THE REAL RTI EXPERT CHATUR SIR. I HIGHLY RECOMMEND YOU TO
EVERY VICTIM OF FALSE 498A.
aturchatur wrote:
@ SOME1, congrats for
your success. It’s my honor to be part of your success story. It will be my
honor to help each & every 498a victim of India and also NRI’s trapped in
false 498a, crpc 125, DV and maintenance cases.
RTI is the best tool which can help one in gathering
evidences. These evidences can directly help break the false 498a, false DV,
false 125, false RCR and other false cases of your beloved wifey.
Contact me for preparing your RTI’s, FA, SA/ CIC matters
in an expert manner.
aturchatur@yahoo.com
Best Wishes & Happy fighting false cases & SOCIAL STIGMA
on u & family!!!
Mahatma
Gandhi said, "IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says, "WHAT YOU WILL ASK,
THAT YOU WILL GET"
Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email : aturchatur@yahoo.com
disclaimer:- all advises here to be r/w profile aturchatur.com
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A Non Resident Indian (NRI) husband when trapped in a false 498a FIR looks for help seeking Quash Petition or Samples of a Quash Application u/s 482 Criminal Procedure Code.
ReplyDeleteBut, in order to have a better discussion on the dowry laws procedures and especially relating to closing of a false FIR under section 498a ipc FIR, then as per Atur Chatur, one may contact the NRI 498a Helpline in India for the NRI husbands.
NRI QUASH
http://www.nriquash.com
The above website for NRI Quash relates to some steps which may be done by a NRI before he files a quash petition so that the chances of success of a Quash Petition are higher for the simple reason that a Quash u/s 482 crpc or a Bail or Anticipatory Bail u/s 438 or u/s 439 CrPC may comes with conditions such as:-
- Travel Restrictions
- Passport Impounding
- Attending Court or Joining Police Investigation by personal visit to India despite the busy schedule of the Non Resident Indian husband who may be working in USA/ UK/ Dubai/ Australia/ NZ etc
Hence, vis-a-vis a NRI Men Cell or a Helpline for the NRI's especially for the NRI husbands to counter false 498a, the help may be sought from:-
http://www.nri498ahelpline.com
Since a false FIR is a human rights issue for a NRI husband, hence, it may be utmost necessary to invoke the Human Rights of the Non Resident Indian husband living abroad so that the wife does not get blue corner notice or god forbid even a red corner notice issued against a NRI by contacting USA Immigration against the NRI husband using her false, wild/ bald and concocted stories.
Therefore, Human Rights of a NRI may be invoked by understaindg some key human rights issues related to a NRI husband listed at:-
http://www.humanrightsofnri.com
if any help is needed then contact any time (24 hours):-
http://freeconsultationonemail.aturchatur.com
email:- aturchatur@yahoo.com
or visit the website:-
http://quashpetitionfir498adiscussiondowrylawhelplinenri.mancell.org/
atur chatur helpline for men in false 498a (9873540498) for NRI (Non Resident Indian) may help a NRI in knowing how to reduce alimony because the alimony or maintenance may be cut by invoking human rights and attacking legal extortion at the right point
ReplyDeletea LTR may be the right approach if the husband wishes to expose falsity of wife thereby reducing alimony or may be arriving at Zero Alimony for the wife based on LTR as per socialstigma.in
In Delhi also such NRI from all over India may be able to get help from Atur Chatur by his able consultation
so, go ahead and file LTR
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