Me and my family have been falsely implicated in 498a and 506B case in Morena.

I want to go complete offensive against her and her family to make them understand the trauma and pain that we are going through as now. Our bail application is still pending in the high court (It has been dismissed in the lower court of Morena, citing that transit bail of 10 days from Delhi as the anticipatory bail and hence no further bail can be issued).

She was 2.5 months pregnant when she left home with her brother on 12 feb 2010 for Morena. And now she has most likely terminated the pregnancy.

We had filed for section 9 petition on 7 April 2010, not knowing that they had already filed an FIR against us in local police station of Morena.

Only after few days of leaving the house, she updated her Jeevansathi.com matrimonial profile again. This was then deleted when I asked about the same.

The information filed in FIR is completely false, as against the incidence date mentioned therein we were having our mother being examined at the nearby clinic.

I kindly request you to guide me as to what all cases can be initiated against her.

Also, I am very keen to expose this racket of extortion, so please provide the suitable channels to do the same.

How can we challenge the FIR?

Thanks and looking forward to read you at the earliest.

RKG
Delhi

you have time. Right now defense is your best offence.

dont expose any of your counter arguments other than in court.... keep collecting evidences.. and wait for the right time to fight back.. search the forum and educate yourself with various strategies and approaches. This is a self help group and the idea is to empower themselves with the experience of others and learning basic law and judgements. Do participate in various group activities to straighten our rotten system.

Can Anyone please suggest a very strong criminal lawyer in Gwalior to take up our bail matter application in Gwalior High court?

For the past one month our bail application has been moving like civil case and it is causing us tremendous amount of pressures.

I look forward to your kind and speedy responses.

Rajneesh
contactrkgupta@gmail.com

Sir,

As you stated that she was pregnent and she terminated. Termination of pregnency without the consent of husband is crime.
So, please collect all reletate documents/papers by which you prove in court that she has terminited the pregnency without your consent. (Termination of pregnency is crime in law)


Good luck.

we are going ahead with filing of FIR quash petition in high court. In this regards, i have few queries.

1. Can we get stay on the entire proceedings (Investigation, police arrest, etc.)?

2. How long is this stay period usually? What all needs to be done before and after this stay period?

3. Since we are already in the stage of getting AB, will it affect our bail applications (both AB and regular bail) if we get the stay orders before the hearing?

Please advise.

Rajneesh

Dear Shonee Ji,

Is it advisable to file FIR quashing petition while we are still in the phase of AB?

Very recently we found out that in all the proceedings (Transit bail order from delhi, bail application in Session court, bail application in High court) the FIR number has been wrongly mentioned as of some other case. It has been two months and it is still languishing in Gwalior High court. What is it that we need to do now? we are back to zero from where we started thanks to the handwriting of the Policemen.

Please advise.

Rajneeesh

Rajneesd,

I am also suffering same situation of 498a, bt my situation is still at complaint stage where FIR not yet filed. We wil be moving for AB from next week. Also I am planning for Quashing at HC and Stay. Want to know hw you moving in your case. I would like to have your contact no.

AB at complaint stage may not be granted, be well aware. Sometimes notice bail (7 days or 3 days notice before arrest) is ordered, but there have been cases where despite frivolous allegations even notice bail was refused due to the judge's mood etc.

People have told me that paying lawyers for getting notice bail is the same as paying the IO who comes to arrest, in both cases you evade arrest and have time to file for AB.

You can discuss with others.

Quashing is generally rejected unless very strong grounds are there.

Rajneesh it is an inadvertent mistake and courts will generally consider and allow an application for amendment of the original petition and other documents.

Quashing may not be considered at such early stage, unless jurisdiction ground is there.

Dear All,

I have received the summons for the DV case against all my family members and 2 other state family members. They have made exorbitant claims with list and have also asked for Rs. 20,000/- as maintenance as urgent relief. Our section-9 is still in motion with one hearing being done. We are still into AB stage with some more time to go.

Please advise how this DV case moves and what needs to be done from our end to avoid their greedy claims.

Rajneesh

1. Prove she is earning or is capable of earning.
2. Counter her allegations with proofs.
3. Try to prune the list of respondents through an application.
4. Get the certified copy of Protection Officer's report etc.
5. Read PWDVA judgments and procedure.

And last but not the least, take it easy, it is a civil case, you can be represented by your lawyer, and it becomes criminal only if you violate the protection orders, which is very very rare (at least I haven't heard of any such case). All reliefs granted (whether interim or otherwise) can be challenged in higher courts (sessions and then HC).

PWDVA is about civil reliefs, e.g. money and residence. If you can prove that she is able to maintain herself and has a place to stay, you have won most of the battle.

what is Protection officer's report?

My friend, you owe it to yourself to first read the PWDV Act.

Read it here: http://www.scribd.com/doc/5043694/PWDVA

You will get all your answers.

The Protection Officer's report is described in section 9(1)(b) of PWDVA. This will contain tick marks or small comments summarizing the allegations. For example, if there is an "x" against dowry demand, that means no dowry was demanded, and you can use that report even at the CAW cell/police station, if it comes to that.

Anyone please confirm, is it required under DP3 act to file the case in the same jurisdiction where the initial FIR has been lodged?

For example, if FIR has been filed in Gwalior and you and your beloved 498a wife lived in Delhi, then where will you file the DP3 case against 498a gang, in Delhi or in Gwalior?

Rajneesh

Can anybody please provide their (Main accused) copy of Anticipatory bail application?

I agree that it will be grossly different from case to case, but it will certainly help me in finding out the judgements and other citations that have been relied upon in your AB application.

Please do mail me your redacted copy to my mail id contactrkgupta@gmail.com

Thanks

With regards,
Rajneesh
Cell: +91 9999 313109