TIPS FOR SURVIVAL FROM FALSE 498 a Capt. RS Jain, E mail - rsjainn@yahoo MY CASE BRIEF: - A false case u/s 323, 342, 307, 406, 506, 498 A & 120B IPC was registered by my ex daughter in-law at PS City Jind (Haryana) against me, my late son & my wife. We both are Sr. citizens, residents of Baroda & she resided in Ahmedabad (Gujarat). We all the three were arrested from our house at Baroda by Haryana Police, handcuffed & put into the lock up cell at Jind. Truck load of our costly goods were seized & taken to Jind on the pretext of recovery of dowry articles. Our bank accounts at Baroda were frozen by the I.O. Three times police remand was taken. We remained in police / judicial custody for 29 days before getting bail from Addl. Sessions Judge Jind. My son had to be hospitalised at Rohtak by Jind jail authorities & he died due to a cardiac arrest during the pendency of the case. Session Court Jind framed charges against us. The case was decided in our favour by Punjab & Haryana High Court on the grounds of jurisdiction & other merits. COMPLAINTS :- Thereafter, the complaints against the then SP Jind, case I.O and others were made to NHRC New Delhi, Lokayukta Haryana, DGP Haryana and Financial Commissioner & principal Secretary Home Haryana etc.. The case was found to be false. SP Jind was issued warning letter, DSP Jind was charge-sheeted, and five annual increments of case I.O were stopped with permanent effect. Ex daughter in-law was declared as a proclaimed offender u/s 182 IPC by Jind Court. COUNTER CASES :- Also a complaint case u/s 203, 219, 220 & 120B IPC was registered in Baroda Court against the then SP Jind, the case I.O, my ex daughter in-law, her mother & father and her two maternal uncles. In a separate case, her father is facing trial at Baroda in making telephonic threatening calls. The proceedings at Baroda have started in both the cases against the accused. Income tax Dept. of Ahmedabad has also started questioning her father against my tax evasion petition. APPROACH & PROCESS A). DOCUMENTS TO BE COLLECTED AFTER MARRIAGE. 1. Matrimonial Bio data given by the family of the girl. 2. Marriage invitation cards of both the families. 3. Photographs of engagement & marriage. 4. Video of engagement & marriage. 5. Copies of all marriage related purchase / Hotel bills &expenses, paid by your family. Preferably, make payments by cheques only. Even later, all your assets are purchased through your cheque or credit card & against bills only. 6. Any letters / cards sent by the girl to boy before & after the marriage. 7. Rail / Air Tickets and hotel bills of the couple for their honeymoon visit. 8. Voter I card, PAN card, Driving License, Passport and her Bank account statement immediately after the marriage. 9. Her school & college leaving certificates & educational certificates. 10. Her employment details in the form of a job resume duly signed along with the last salary slip. 11. If she is employed, know her employer and friends. 12. Copy of her Income Tax return, if applicable. 13. Copy of her Mobile Bill. 14. Names & addresses of her close relatives with their contact numbers. 15. Copies of her life & health insurance and property documents if any. 16. Her Medical treatment record after marriage. 17. Copies of Voter cards of her parents & IT return copy of her father for the year when she got married. 18. To prove your presence/ location, you must retain all your Air, Rail, Bus taxi travel tickets, Hotel bills & passport stamping etc. 19. To avoid future implications, joint Bank account, FDs / Lockers be avoided. 20. When she decides to leave you & wanted to take her belongings, it will be in your interest to get a signed receipt of the items / jewellery collected by her. A report of her desertion should be made to your local police station. 21. Make use of RTI Act 2005 to obtain information from Govt. Agencies. 22. Install a call ID instrument to your landline instrument. 23. Remain cool & positive. Be courteous and don’t pay to police as it will not help. 24. Try to acquire knowledge about 498a from various NGO websites. 25. Prepare a document covering date wise sequence of events & an index of evidence documents held. B). DOCUMENTS AFTER REGN. OF FIR BY THE WIFE. 1) Copy of FIR. 2) Read the FIR thoroughly. List out allegations & the sections of IPC, stated in the FIR and start collecting evidence documents to counter them. 3) Copy of Bail order. 4) Copy of case file to be obtained through your Advocate. 5) Copy of police case diary, Rojnamcha for the days of Regn. of FIR & arrest under RTI Act. 6) Copies of call details of your all mobiles & land line phones for the month when FIR was registered. 7) To know the background of the case I.O, you may obtain copies of pending Deptt. Enquiries & held in the past against the I.O under RTI Act 2005. 8) Don’t sign any confessions or statements to the police. 9) To get knowledge, down load “Bare Acts” – IPC, Cr PC & Dowry Act etc. Onus to prove your innocence lies on you. 10) During this period, must have some liquid cash, have sufficient talk time in your prepaid mobile and keep few sets of dresses ready and shift your valuable articles in your bank locker. 11) Keep stock of your daily use medicines, carry a pack of biscuits & mineral water bottle with you on your court dates and carry only photocopies of your case documents. Your well-wisher must know your whereabouts. C) MOST COMMONLY USED ALLEGATIONS BY WIVES 1) On demand, having spent huge amount on marriage by her parents. 2) Further demand of cash & a car etc. 3) Dowry articles not returned by the in-laws. 4) Beating by husband & in-laws. 5) Attempt to kill by burning. 6) Confinement. 7) Threatening. 8) Taunting, Abusing & ill treating etc. D) KNOW THEM 1) Local Police Station the SHO & DGP. 2) An experienced Advocate. 3) Understand the process of law. 4) Have at least one person who can always stand by you, with whom you can confide & share your case status with him. 5) You know the traits of your wife. Prempt & take safety measures. 6) NHRC New Delhi, your State Lokayukta & PIOs & the Application Fee etc. 7) Income Tax No./ward/circle of her father. U ONLY KNOW THE TRUE FACTS OF THE CASE. TAKE PAINS TO COLLECT EVIDENCE DOCUMENTS. IT IS A PROCESS & START IT NOW. DON’T GIVE UP & LOSE HEART AS THESE EVIDENCE DOCUMENTS ONLY WILL SAVE U FROM LONG TRIAL /CONVICTION.
Posted on: Fri, 29 Aug 2014 18:49:01 +0000
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