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Counter Cases in 498A – Debunking Forwarded IPC Sections

benefits of being hit by 498a

Counter Cases – Debunking Forwards of IPC Sections

 

When passions run high, reasoning goes on a sick leave.

How many of us agree to the above adage. I do. My this mail might be like dousing cold water on the fires raging in some of you to file counter cases.

Whenever I meet a victim, the first thing they ask is, what can we do to put them in the dock. Which counter cases can I file? It sometimes make me want to scream on the top of my voice – NOTHING AS OF NOW, GET BAIL FIRST FOR YOUR FAMILY AND YOURSELF. What keeps the tempers in check is the realization that the reactions of yours truly were not very different from these people approaching when he was new to the world of 498a.

But I learnt that “incoming bullet has the right of way”, hence first thing I need to do is duck and let the bullet pass. The great strategist Sun Tzu in his book titled ‘The Art of War’ has stated, ‘The warrior who runs away from a certain defeat, survives to fight another day.’ Hence, do not worry, if there are certain setbacks, just survive the initial shocks and you would be fine soon. I am telling you guys from the collective experience of many a fellow 498a-ed people.

What other cases one want to file, and here I am answering the mail which is doing the rounds in all groups:

 

120A/ B: Criminal Consipracy,

What is the evidence that a conspiracy was hatched against you. Do you have a recording where they are shown hatching a conspiracy? Do you have some witness who has seen that they were plotting against you and gone ahead and taken some action?

 

191: Giving False Evidence

192: Fabricating False Evidence

199: False statement made in declaration which by law is recieved as Evidence

200: Using as true such declaration knowing it to be false

201: Giving false information respecting an offence committed

202: Dishonestly making false claim in Court

How can the above be done, without Evidence being done in your case. And believe me, there is a detailed process for filing any of these cases. And you need a court sanction to prosecute the person who has deposed falsely. In this the court should not only be satisfied that a lie has been told in the court, but also, “it should be expedient in the interest of justice” that such crime be investigated and punished. 

 

321: Voluntarily causing hurt

One can’t prove the same without having a medical and hence, this is not applicable in most case after a complaint has been filed against you.

 

378: Theft

379: Theft in dwelling house, etc

403: Dishonest misappropriation of property

405: Criminal breach of trust

One cannot be accused of theft what was rightfully his or hers. Also, in most of the cases, unscrupulous wife and her cronies have taken the valuables long back and there is no corresponding complaint at that time. And believe you me, no court/ police is going to trust a belated story of Theft.

 

499: Defamation

500: Punishment for Defamation:

Filing of any case can’t be defamation by any stretch of imagination. It can at best be malicious prosecution. However, if she or her family has defamed you really, it is better to go for a civil defamation suit that a criminal case, as in a criminal case, convincing court to summon the wife and her gang is going to be a herculean task. Also, it can only be filed after one gets acquitted with court stating that the case was false and not when one is acquitted on benefit of doubt.
503: Criminal Intimidation

504: Intentional insult with intent to provoke breach of the peace

What are the proofs for the same, any previous litigation? Or is it just a counter blast.

 

182: Giving False information to public servant:

211: False charge of offence made with intent to injure

Alas, these cases cannot be filed by an individual. A public servant in case of 182 and a court in case of 211 can be complainant.

Then there are other cases, which might apply in very particular cases, and can be 307/ 323/ 377 etc., but without basis and unsubstantiated, it does not appeal to my sensibilities.

ANOTHER THING WHICH I ALWAYS SUGGEST, IS IF YOU HAVE A CASE, LET THE STATE FIGHT IT OUT FOR YOU. REMEMBER THAT IN 498A SHE CAN SIT AND RELAX, WHILE THE STATE FIGHTS FOR HER. GIVE HER THE TASTE FOR HER OWN PILL.

 

Hence my dear friends, let’s not try to bring cart before the horse or try to cross the bridge before we come to it. First priority should be to get AB/ Regular Bail for all family members. Then wait for challan/ charge-sheet and then till you get a chance to file other cases.

One thing which I have noticed that at the start of the case against us, we are all fired up to file a counter case. And once the case ends and we win, what do we do? How many of us know of people filing 499/ 500 or 182 or any such other case. How many of us have given press release to stop other bitter-halves from filing false and frivolous cases?

How many of us have written to the DGP of our state citing the circular of Delhi Police and SC Judgment of Joginder Singh with a request to give similar direction in our state. How many of us have filed RTI to get data from the government? I am sure to such people, the statement of Jai is intended to (To whom I must apologize, as I myself got carried away). If you are not happy with the state of affairs, it is time to get started and do something to change it. Not by violent or un-lawful means but within the statutes of law and gentle persuasion.

 

Are not we the same people, who did not vote and now complain of having a good-for-nothing government? If yes, let’s keep mum and let things be as they are. We have no right to object, comment or criticize the government if we have not fulfilled our duty of voting. And we should not build air-castles, if we have no intention of taking things to there logical end.

The strength of the man is not in his words but in his actions. If you have it in you, get started, help others, file a PIL, an RTI, shoot letters to every possible place and educate people about menace. Your time would come to get even.

 

In case, you have a valid ground for counter case and you wish to get your case evaluated for success, you may contact me for your specific case by visiting Contact Us

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1 Comment

  1. kashish March 29, 2018 Reply

    what about the wife who cries RCR in family court, proves cruelty by her to husband and other family members in her own cross-examination but lodges false 498a immediately when the divorce case is in the brink of closure (cos she cannot face the losing)?

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