Success Story- Brother-in-law Discharged of IPC 354 in Revision Petition FULL STORY
Background: When Maj. Praveen Sonekar’s matrimonial life went downhill, his wife filed a false case of 498a/ 406, when Maj. Praveen refused to acede to her demand of hefty alimony for Mutual Consent Divorce. To put addition pressure on him, his wife resorted to filing of a false IPC 354 case against his brother Naveen Sonekar, who happened to be a Marine Engineer. The whole purpose was to make him stuck in India so that pressure can be put on Maj. Praveen Sonekar for settlement.
Defence: The FIR and the complete charge sheet was perused. It was seen that there were no specific incidents was mentioned in the complaint or in CrPC 161 Statements of the complainant or other witnesses. Also, it was seen that there were material contradictions in the complainant’s previous complaint to Commanding Officer of Major Praveen Sonekar or in her complaint under Protection of Domestic Violence Act. Nor any instance like date and time of the alleged molestation was mentioned.
There was extensive arguments advanced at the time of framing of charge as to why charges against both the accused should not be framed, but trial court in it’s wisdom disregarded the same and framed charges against both the accused.
Success Story: It was decided that the trial court order be challanged in the Sessions Court and a revision petition with all legal grounds were filed. The same resulted in below order in which the brother of Maj Praveen Sonekar i.e. Naveen Sonekar was discharged of offences u/s IPC 354 however directed him to stand trial u/s IPC 498a to him and dismissed revision filed by Major Praveen Sonekar in offences u/s IPC 498a/ 406.
Follow-Up: Still aggrieved by the order of Session Court, we have challenged that order in High Court.
Foot Note: Despite Court Orders, on a complaint forwarded by the Police, Passport of Naveen Sonekar was revoked by Passport Office. We challenged that act of Passport Office in Writ and it gives me pleasure that his passport office was directed to re-issue the Passport to Naveen Sonekar so that he can continue his job as Marine Engineer. That is our next Success Story, keep glued.
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