Daily Archives: April 14, 2017

Woman who helped kill brother-in-law murdered husband in 2012: Police – The Times of India

MUMBAI: The police team which solved the murder of retired bank manager Prakash Wankhede (62), a year after he went missing, has found that his wife’s sister, who is one of the accused in the case, had killed her husband too in 2012.

The police arrested Prakash’s wife Asha (56), her sister Vandana Thorve (40) and the latter’s boyfriend Nilesh Supekar on Monday for killing the retired bank manager last year.

The police said that Nilesh aided Vandana in both the murders. Asha had given a contract Vandana to get Prakash killed as he used to accuse her of having an extra-marital affair. In both the cases, the police found the bodies but could’nt identify them.

Wankhede’s body was found by the Parner police in Ahmednagar on April 12, 2016 while the body of Vandana’s husband Ashok was found by the Ambhora police in Beed district on November 12, 2012.

TOI on Wednesday had reported that Asha paid Vandana Rs 2.25 lakh to plot her husband’s murder. Vandana agreed to help as her daughter was expecting and she needed money for a baby shower.

According to the plan, Asha and her husband Prakash went to Ahmednagar on April 10, 2016.Next day , the accused spiked his food and hit him on the head with a rod, killing him. The accused dumped the body 27km away from Ahmednagar. Asha then returned to Mumbai and filed a missing person’s complaint on April 27, 2016.

On a tip-off, DCP (zone XI) Vikram Deshmane formed a team comprising assistant commissioner Shrirang Nadgauda, Malvani senior inspector Dipak Phatangare, inspector Popat Yele and other detection staff to crack the murder.

“Two murders have been detected. We tracked down the places where the bodies were dumped. The victims’ photos were collected from the police stations, following which the sisters confessed,” the DCP said.

http://m.timesofindia.com/city/mumbai/woman-who-helped-kill-brother-in-law-murdered-husband-in-2012-police/articleshow/58174441.cms

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Operation Durga!! Not rescue prisoners from Pakistan, but to BEAT UP Indian MEN 😞😞😞

When I heard the term operation #DURGA, I thought they are going to enter #Pakistan and #rescue all that #innocent Indians wrongly incarcerated there…. It turns out that I was completely wrong. This operation is just another name given to beat up innocent Indian men in the name of moral police squads !!!

Source 

https://www.google.ae/amp/indianexpress.com/article/india/haryana-launches-anti-romeo-squad-operation-durga-72-held-on-day-1-4610822/lite/

Andhra HC guidelines in 498A cases !! Do NOT Arrest without DISTRICT SP nod, drop unnecessary names after investigation !!!

#498a #498aMisuse #BreakingFamilies #AndhraHC #DONOTarrest

//// The judge in his order lamented that “it is most unfortunate that Section 498-A of IPC has become a weapon in breaking the families rather than uniting them.”////

HYDERABAD: Finding fault with a woman who implicated the parents of her mother-in-law and the families of her husband’s sisters currently residing abroad in a dowry harassment case under section 498 A of the IPC, the high court has issued certain guidelines to the state police to enforce the anti-dowry law.

One of the main directions given is not to arrest the accused involved in dowry harassment cases without securing the permission of the district SP or any other officer of the equal rank in metropolitan cities.

Justice B Chandra Kumar pronounced this judgment while allowing a criminal petition filed by Syed Kaleemuallah Hussaini and three others seeking anticipatory bail in a dowry harassment case.

In his order, the judge said that no accused should be arrested when the allegation is simple dowry harassment. “If arrest is necessary, the investigating officer should obtain the permission of either the SP or any other officer of the equal rank in metropolitan cities.”

The judge directed the magistrates to ensure that no accused was remanded in judicial custody in a routine manner. When an accused is produced before the magistrate, the court should examine the matter judiciously and consider whether there are valid grounds for remanding the accused to judicial custody, the judge said. If arrest is not necessary, the police may complete the investigation and file a chargesheet before the court without arresting the accused, he said.

The judge made it clear that in the case of dowry death, suspicious death, and suicide or where the allegations are serious in nature, the police officer may arrest the accused and intimate the same immediately to the SP concerned.

The judge ruled that no accused or witness should be unnecessarily called to the police station, and in case their presence is required for enquiry, they should be sent back immediately after completion of the process.

“During the investigation, if the officer is satisfied that there is an undue implication of a person in the case, then he may delete the names of such persons from the chargesheet after obtaining necessary permission from the SP or any other officer of the same rank”, the judge said. “As soon as a complaint is received either from the wife alleging dowry harassment or from the husband that there is possibility of his being implicated in a case of dowry harassment, then, both the parties should be asked to undergo counselling with an experienced counsellor,” the judge said and directed that the report of the counsellors should be made a part of the report to be submitted by the investigating officer to the court.

The judge also ruled that the SP in consultation with the chairman of the district legal services authority should constitute a panel of counsellors and details of such a panel along with their address and phone numbers should be made available at all the police stations.
Senior police officers should ensure that there are no complaints of forcible settlements or compromises made by the police. The advocates should play the role of social reformers and try to bring about reconciliation between bickering couples while dealing with such cases, particularly, where the couples have children, he said.

The judge in his order lamented that “it is most unfortunate that Section 498-A of IPC has become a weapon in breaking the families rather than uniting them.”

He also said that there cannot be any doubt to say that there is dowry menace in the society. But, at the same time, it is also a fact that certain marriages are performed without any dowry. Due to ill-advice or under a wrong impression that the husband may come to terms if a dowry case is lodged, complaints are being lodged with the police, the judge opined. While directing the registry to mark a copy of this judgment to the DGP, justice Chandra Kumar wanted the DGP to issue necessary instructions to all the men under him in the state in this regard.

http://m.timesofindia.com/city/hyderabad/HC-gives-guidelines-on-Section-498A/articleshow/29173500.cms

Mediation, arrest and charge sheet in Uttar Pradesh-  a Lawyer’s view from LawyersClub

Arrest after ChargeSheet Submission!!


by  Shruti on 01 May 2011

Hi Friends,
We have stay of arrest from High Court till Chargesheet is filed by Investigating Officer.
I have a question can police arrest after the chargesheet is filed? I have heard that police task is finished once the chargesheet is submitted,
Thanks,
Shruti

—— REPLY BY  Member (Account Deleted) on 01 May 2011 ——
@Shruti- The arrest stay is granted by Allahabad High court persuant to filing of criminal writ petition and the cases are referred to mediation Centre allahabad. The petitioners have to deposit a sum directed by the HC approx 8k and until medition submits its report the arrest is stayed.
1. In current scenarion HC states specifically in the orders of stay arrest that Chargesheet should not be filed by IO though he may continue with the investigations so firstly check that if your order specifies so or not. In case it does IO will not file chargesheet as he is not allowed to do so.
2. Hope you have deposited the mediation fees and dates have been confirmed from mediation centre. If there is any default in your appearence your stay will be vacated so please personally get in touch with mediation centre for the first date as have seen many times the dates are missed causing stay vacation. The number of mediation centre is @ 0532-2423865 and Mr. Vijay Singh is incharge of the mediation centre. In case dates are not confirmed please speak directly instead of depending on your lawyer.
3. If chargesheet is filed you will receive summons from the trial court for appearing. On that date you will need to secure bail but in case your case is pending in mediation and chargesheet is filed you can make your lawyer submit the HC interim arrest stay order and take a further date without securing bail. There is no need to secure bail if mediation is pending.
4. Though the mediation centre makes all efforts to solve the cases amicably so hopefully you wont need to secure bail and your case may get quashed there itself.
5. Do keep a track about the chargesheet submissions if your Stay arrest order dont say that chargesheet should not be filed as in case its filed and you dont receive the summons and so dont appear then your bailable warrants may be issued and on second default non bailable. So just keep track and once its filed and mediation pending then you can always submit interim stay order thats issued to Trial court.
6. Though HC order would have already been sent by HC directly to the concerned CJM court.
7. In case your HC orders say that chargesheet should not be filed then you would have ideally submitted a copy of that order with the concerned police station where the FIR was registered.
If I understand correct is it Sec 498A case as you did not specify in the question.
by  

Member (Account Deleted)

  on 01 May 2011
——– and ——
want to add further once the mediation centre submits its report after the mediation if it succeeds than the FIR will be quashed and if it fails then on the next listing the court will decide on yor stay of arrest.
1. Generally your lawyer can take direction from HC for same day hearing of your bail plea in the concerned CJM court. As many times it happens when the person appears before the court for bail the court may not hear the application on that day and in that case since you are present you will be taken in custody.
2. Else you can plead for stay of arrest to continue upto the framing of charges. In case you succeed in this then you can be in peace without any worries for long.
Time is the main test in these cases the longer you are able to sustain the pressure you will succeed. As the other side would be happy that they have built pressure on you and your family by filing 498A /DV /Maintenance but ultimately they would be under social pressures that would bring them down as no one wants to be engaged in these cases throughout life and waste their time and mental peace.
So once charge is filed do again file a Sec 482 – Quashing of Chargesheet and hold the case there in Allahabad for another year. Have seen cases settling at Zero but then time is the main factor.
Source 

http://www.lawyersclubindia.com/mobile/forum/details.asp?mod_id=36161

Bangladeshi Cricketer Sunny gets interim bail in dowry case filed by his wife | Dhaka Tribune

Cricketer Sunny gets interim bail in dowry case

Md Sanaul Islam Tipu

Published at 01:09 PM April 05, 2017

A Dhaka court has granted interim bail to cricketer Arafat Sunny after he surrendered before it in a dowry case.

Dhaka Metropolitan Magistrate Md Nur Nabi passed the order Wednesday morning, after Sunny surrendered before the court through his lawyer M Jewel Ahmed and sought bail.

On January 23, Sunny’s wife Nasrin Sultana filed the case against the national cricketer and his mother Nargis Akter on charges of demanding Tk20 lakh as dowry and torturing her.

After recording Nasrin’s statement, the court exempted Sunny’s mother from the charges and asked Sunny to appear before the court on April 5.

On March 15, Sunny got permanent bail in another case filed under the ICT Act after his wife told the court that they had settled the disputes.

According to the dowry case, Sunny got married to Nasrin on December 4, 2014 with an endowment of Tk5.1 lakh and they used to live at the house of Nasrin’s sister in Katasur area of Mohammadpur.

On July 29, 2015, Sunny and his mother demanded Tk20 lakh as dowry from Nasrin and asked her to bring the money from her father. When Nasrin refused to pay the money, Sunny left her, she claimed.

She also alleged that Sunny had threatened her to publish their personal photographs if she failed to provide the dowry on December 23, 2016.

Later, Nasrin lodged a general diary with Mohammadpur police on December 25, 2016.

Later on January 22, Sunny was placed on one-day remand a few hours after his arrest from Aminbazar area in Savar upazila, in a case filed Mohammadpur police station on January 5.

http://www.dhakatribune.com/bangladesh/court/2017/04/05/cricketer-sunny-gets-interim-bail-dowry-case/