Daily Archives: September 20, 2013

IF wife files 498A , you can file following cases with help of ‘good’ police !! father inlaw runs for quash ; Sections 452, 323, 504, 506 I.P.C., used by son in law !!!

IF wife files 498A , you can file following cases with help of ‘good’ police !! father inlaw runs for quash

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"……..It has been contended by the learned counsel for the applicants that the opposite party no. 2 is the son-in-law of applicant no. 1. He submits that the daughter of applicant no. 1 was married to opposite party no. 2 and she has initiated proceeding under Section 498-A Cr.P.C. against her husband. He further submitted that the opposite party no. 2 had earlier lodged a malicious prosecution against the applicants for offence under Sections 452, 323, 504, 506 I.P.C., Police Station Konch, District Jalaun ……"

Allahabad HC says just order notice on husband !!! no immediate quash

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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High Court of judicature at Allahabad,

Court No. – 51

Case :- APPLICATION U/S 482 No. – 27285 of 2013

Applicant :- Kalloo Kushwaha And 3 Ors.
Opposite Party :- State Of U.P. And Another

Counsel for Applicant :- Sanchita Srivastava
Counsel for Opposite Party :- Govt. Advocate
http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

Hon’ble Ramesh Sinha,J.

Heard Smt. Sanchita Srivastava, learned counsel for the applicant and learned AGA for the State.

The applicant, through the present application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with a prayer to quash the charge sheet No. 95 of 2012 and order dated 7.11.2012 in Case Crime No. 406 of 2012 in Criminal Case No. 655 of 2012, (State Vs. Kalloo Kushwaha and others), under Sections 452, 323, 504, 506 I.P.C., Police Station Konch, District Jalaun. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

It has been contended by the learned counsel for the applicants that the opposite party no. 2 is the son-in-law of applicant no. 1. He submits that the daughter of applicant no. 1 was married to opposite party no. 2 and she has initiated proceeding under Section 498-A Cr.P.C. against her husband. He further submitted that the opposite party no. 2 had earlier lodged a malicious prosecution against the applicants for offence under Sections 452, 323, 504, 506 I.P.C., Police Station Konch, District Jalaun which was challenged by the applicants before this Court by means of Criminal Misc. Application U/s 482 Cr.P.C. No. 5007 of 2013 and an interim order was passed on 12.2.2013. A copy of the same has been annexed as annexure-6 of the affidavit. It has further submitted by the learned counsel for the applicant that in order to further harass the applicants the opposite party no. 2 has initiated malicious prosecution against the applicants on the basis of present complaint. Notice on behalf of the opposite party no. 2 has been accepted by the learned AGA. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

Issue notice to opposite party no. 2 returnable within four weeks at the address given in the petition. Opp. Party no. 2 may file counter affidavit within four weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit may thereafter be filed within two weeks. List immediately after expiry of the aforesaid period. The matter shall not be treated as tied up or part heard by this Bench.

Until further order of this Court, the proceedings of the aforesaid criminal case against the applicants shall remain stayed. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

Order Date :- 2.9.2013

Manoj

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Allahabad HC; NO HARM if mediation fails; court will give you next date & NO ARREST till then

Allahabad HC ; NO HARM if mediation fails; court will give you next date and NO ARREST !! A482(A)_20050_2013

"…..The mediation, however, failed because the O.P. No. 2 did not agree to reconcile the dispute with the applicants. Learned counsel also submitted that the O.P. No. 2 has made general allegations against all the applicants. In fact, it is matrimonial dispute between the husband and the wife, which has been converted into a criminal case……"

"……Till the next date of listing no coercive steps shall be taken against the applicants in Criminal Case No. 3299 of 2012 (Sheela Vs. Sushil and others), under Section 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Khampar, District-Deoria pending before the Additional Chief Judicial Magistrate, Court No. 19, Deoria. …."

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family Foundation. SIF is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog or write to e _ vinayak @ yahoo . com (please remove spaces). Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE
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High Court of judicature at Allahabad,

Court No. – 28

Case :- APPLICATION U/S 482 No. – 20050 of 2013

Applicant :- Sushil And 2 Ors.

Opposite Party :- State Of U.P. And Another
Counsel for Applicant :- B.K. Mishra
Counsel for Opposite Party :- Govt. Advocate
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Hon’ble Het Singh Yadav,J.

Heard learned counsel for the applicants, learned A.G.A. and perused the record.

The applicant has moved this second application under Section 482 Cr.P.C. praying to quash the summoning order as well as the entire proceedings initiated against him on the complaint of the O.P. No. 2.

The first application under Section 482 Cr.P.C. moved by the applicant in this regard was finally disposed of vide order dated 14.12.2012 of this Court with a direction to the applicants to move an application before the court below to refer the dispute between the parties to the Mediation and Conciliation Centre in the District Court, Deoria. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

Learned counsel for the applicants pointed out that in compliance of the order of this Court passed as aforesaid in Application under Section 482 NO. 43034 of 2012 (Sushil and others Vs. State of U.P. and another) the dispute between the parties was referred to the concerned mediation centre. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

The mediation, however, failed because the O.P. No. 2 did not agree to reconcile the dispute with the applicants. Learned counsel also submitted that the O.P. No. 2 has made general allegations against all the applicants. In fact, it is matrimonial dispute between the husband and the wife, which has been converted into a criminal case.

Notice on behalf of the O.P. No. 1 has been accepted by learned A.G.A. He prays for and is granted four weeks’ time to file counter affidavit. Issue notice to the O.P. No. 2 returnable within four weeks. The O.P. No. 2 may also file counter affidavit within the same period.Rejoinder affidavit, if any, may be filed within two weeks thereafter. List this case on 23.10.2013 before appropriate Bench. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

Till the next date of listing no coercive steps shall be taken against the applicants in Criminal Case No. 3299 of 2012 (Sheela Vs. Sushil and others), under Section 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Khampar, District-Deoria pending before the Additional Chief Judicial Magistrate, Court No. 19, Deoria. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/

Order Date :- 3.9.2013

A. Pt. Singh

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Techie wife & loverboy stab innocent husband to death; wife says roberry!! Police crack case using cell phone records & voice data

Techie wife & loverboy stab innocent husband to death; wife says roberry!! Police crack case using cell phone records & voice data

Home » City » Hyderabad

Techie from Bangalore, lover arrested for husband’s murder

TNN | Sep 21, 2013, 01.01 AM IST

HYDERABAD:

It looked like any ordinary murder for gain.

But police investigation revealed a grisly murder plan gone awry.

A techie couple returning home to Nacharam was waylaid by two masked men on the night of September 14. While the husband was stabbed to death, the wife sported knife injuries and claimed that her gold chain was snatched by the robbers.

Nearly a week later, it turns out that the wife and her lover, who was one of the attackers, conspired to kill the husband. All the three were arrested and booked for murder on Friday.

Cyberabad police identified the victim as Venkateswar Rao, a diesel mechanic with APSRTC. Those arrested include his wife N Sowjanya, her lover Jaideep Deshi, both software engineers in Accenture, Bangalore, and their accomplice Swamy Raj Kumar.

According to the cops, Sowjanya and Jaideep knew each other since their graduation days and had worked together in various IT companies before joining Accenture in Bangalore. Venkateshwar Rao was scheduled to marry Sowjanya’s elder sister Swetha but when she eloped two days before the wedding, her family got the younger sister married to him, much against her wishes. Since then, she maintained her ties with Jaideep and the two soon plotted to murder her husband.

As per the plan, Sowjanya and Jaideep came to Hyderabad from Bangalore on September 13 and a day later, she took Rao to the Sanghi temple in Hayatnagar. On their way back, Sowjanya said she wanted to attend to call of nature and asked her husband to stop the two-wheeler near a deserted place. Thanks to SMS alerts from her, the lover and accomplice, who were waiting at the spot, attacked Rao. When the cops came, Sowjanya showed them bruises on her hand and claimed the ‘robbers’ had stoel her gold chain.

In a press release, deputy commissioner of police (LB Nagar) Ravi Verma said the trio were arrested for murder and trying to project it as murder for gain. The case was cracked based on call data records of the accused and voice recording samples found in her phone.

source
http://timesofindia.indiatimes.com/city/hyderabad/Techie-from-Bangalore-lover-arrested-for-husbands-murder/articleshow/22824782.cms

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

WHAT ? SEX at 8.30 am on side of a PUBLIC ROAD & woman calls it RAPE after 10 months??

"……..The bench passed the order while acquitting a man for the offence of rape after taking into consideration that he had established physical relations with the victim at a public place and there was no resistance on her part.

"The place of the alleged incident(of physical relation) and the time is very crucial, so for as this case is concerned. It was early morning at 8:30 am and the place of the alleged incident was on the side of a public road………"

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Don’t always believe rape victims’ evidence: SC

PTI New Delhi, September 19, 2013

First Published: 22:06 IST(19/9/2013) |
Last Updated: 22:08 IST(19/9/2013)

Rape victims’ testimonies command "great respect and acceptability" but can be disbelieved if the allegations are not corroborated with evidence, the Supreme Court held on Friday.

"The version of victim, in rape commands great respect and acceptability, but, if there are some circumstances which cast some doubt in the mind of the court of the veracity of the victim’s evidence, then, it is not safe to rely on the uncorroborated version of the victim of rape," a bench headed by Justice KS Radhakrishnan said.

The bench passed the order while acquitting a man for the offence of rape after taking into consideration that he had established physical relations with the victim at a public place and there was no resistance on her part.

"The place of the alleged incident(of physical relation) and the time is very crucial, so for as this case is concerned. It was early morning at 8:30 am and the place of the alleged incident was on the side of a public road. If she had made any semblance of resistance or made any hue and cry it would have attracted large number of people from the locality.

"Further, the first information report, as already indicated, was lodged after a period of 10 months of the alleged incident. All these factors cast some shadow of doubt on the version of the victim," the bench said

http://www.hindustantimes.com/India-news/NewDelhi/Don-t-always-believe-rape-victims-evidence-SC/Article1-1124474.aspx

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Woman complains of SEX torture by NEWLY wed husband !! police confused !! Woman throws mangalsutra and leaves husband

Arani

Tamil Nadu

Woman alleges Sex torture by newly wed husband !!

A newly wed wife runs away from home. She then goes to the Police and allges / complains of sex torture by newly wed husband

ammu aged 21, daughter of Asokan of Arani in Tamil Nadu, was married to Suresh of Kamakkkur village a few days ago. On Sep 17th Suresh brought his wife to Arani. There the wife suddenly removed her mangalsuthra, threw it on the husband and left his house. confused by this, Suresh preferred a police complaint. Ammu reached the police station and complained that her husband is giving her sex torture !!

The police are confused by this and plan to do further inquiries with Suresh to solve this case

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புதுக் கணவர் மீது செக்ஸ் புகார் கூறிய மனைவி.. தாலியையும் கழற்றிக் கொடுத்தார்

Posted by: Sudha Published: Friday, September 20, 2013, 12:59 [IST]

ஆரணி: புதிதாக திருமணமான பெண் தனது தாலியை கழற்றி கணவர் கையில் கொடுத்து விட்டு போய் விட்டார். பின்னர் காவல் நிலையத்தில் தஞ்சமடைந்த அவர் தனது புதுக் கணவர் செக்ஸ் ரீதியாக தொல்லை கொடுப்பதாக புகார் கூறியுள்ளார்.

ஆரணி அசோகன் என்பவரது மகள் அம்மு. 21 வயதான இவருக்கும் காமக்கூர் என்ற கிராமத்தைச் சேர்ந்த சுரேஷுக்கும் திருமணம் நடந்தது. சில நாட்கள்தான் ஆகிறது திருமணமாகி. கடந்த 17ம் தேதி சுரேஷ் தனது மனைவியை ஆரணிக்கு கூட்டி வந்தார். அப்போது திடீரென தனது தாலியைக் கழற்றி கணவர் கையில் கொடுத்து விட்டு வேகமாக போய் விட்டாராம் அம்மு. இதனால் குழப்பமடைந்த சுரேஷ், ஆரணி போலீஸில் புகார் கொடுத்தார்.

இந்த நிலையில்நேற்று மாலை ஆரணி காவல் நிலையத்திற்கு வந்தார் அம்மு. அங்கு தனது கணவர் மீது புகார் கூறினார். அதாவது திருமணமானது முதல் தனக்குக் கணவர் செக்ஸ் தொல்லை கொடுப்பதாகவும், இதனால்தான் ஆரணி வந்தபோது அங்கிருந்து மேல்மருவத்தூர் போய் விட்டதாகவும் கூறினார்.

இந்த புகாரால் போலீஸார் குழப்பமடைந்துள்ளனர். சுரேஷிடம் விசாரணை நடத்தி ஒரு முடிவுக்கு வரலாம் என்ற முடிவுக்கு தற்போது போலீஸார் வந்துள்ளனராம்.

Read more at: http://tamil.oneindia.in/news/tamilnadu/newly-married-woman-slaps-complaint-against-husband-183800.html

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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist