After waiting for 9 months, since 26-Feb-2024, decided to file a speedy trial petition before AP High Court u/s 529 BNSS, 2023.
Here is the Petition copy.
2024-11-05 Quash or Speedy Trail in DVC Appeal v0.1Here is the Order copy.
Sandeep Bhavan Pamarati Vs State of AP on 13 Nov 2024Back to Home page of my cases here.
Faced with a perverse Compensation Order in the DV case here, I filed a Criminal Appeal before the Principal District and Sessions Judge Court, Ongole, Prakasam which got transferred/assigned to the Family Court, Ongole, Prakasam.
The case began with issuance of notice to the Respondent, which took me many months, since I engaged an advocate this time to argue this Appeal. I had to think through lot of scenarios before coming to the conclusion to engage an advocate this time, instead of facing the case as Party-in-person.
After failing twice to issue notices on the Respondent, we sought Court permission to file STEPS petition (for newspaper publication). The Family Court allowed the petition on same date.
I am hopeful that the Appeal will be allowed in Feb 2024.
My passport was deposited at 3rd Junior Civil Judge Court, Ongole as (illegally) directed by the AP High Court while granting me (unwarranted) Anticipatory Bail. Here is the Bail Order in Crl.P No. 3886 of 2017…
2017-07-18 Bail Application ALLOWED to A1 in HCTo have this released, I was advised to file an IA in above long-disposed-in-2017 Crl.P. So I got the IA filed in Feb 2022. Then the IA case was numbered as IASR 3300/2022 but NOT listed. Because, the section staff at AP HC do not have the original bundle here at Amaravati. On this ground, the IA was kept lying. On top of this, I get to know in October 2022 that, APHC staff sent a requisition to Telangana HC in April 2022 seeking this bundle, but it has not come. Hmm..
Struggle didn’t end there. After discussions with staff from 3 sections at APHC, I decided (they advised me!) to file a new Crl.P seeking Quash of earlier Order (actually just the illegal condition to deposit my passport), ignoring the earlier filed IA. I wrote said petition and went ahead with it. Here is the Petition copy. The case number is Crl.P No. 8571 of 2022.
2022-10-20 Release my passport in 498A IPC Case v0.5The first question raised by the bench during cause list motion hearing was, tell me the authority of this Court to quash an earlier order of this same Court, only after that I will proceed with merits, admitting that the facts indicate I suffered genuinely. Since I had no answer to that question at that time, I decided to withdraw the petition with liberty to refile.
Now, the next step I would like to take is to mention the IA before appropriate Court and pray for listing the IA, not insisting for Original case bundle… Coming Monday…
2022-09-29
The Hon’ble Justice Ninala Jayasurya heard me patiently and asked the PP if any objections. PP politely said they are only seeking early disposal and there is no objection to the same. Judge then asked me is early disposal okay and I said, yes your honour and then he asked me is 3 months okay, i answered in affirmative. The Judge proceeded to dictate the order. Ufffffffffff!
2022-10-01
Here is the order online. So very happy with the findings and reasonings given in the order. Seems I made a good argument before the High Court judge with proper supporting material papers… Learnt some very important lessons in the way…
After lot many delays, I moved forward on the Bigamy complaint against the disgruntled knife at Ongole.
2022-07-18
Went to Ongole to attend the Spandana Programme to submit my complaint of Bigamy against the Knife. The Staff at the SP Office directed me to the Taluka PS which is adjacent to the SP Office. The Writer heard me and took me to the CI. Questions raised are as follows:
2022-08-22
Came to Taluk PS to ask for FIR and give my 161 CrPC Statement, if FIR was done. Of course, as expected the responsible persons were on Bandobast duty and hence not available at Police Station. So with this, CrPC 154(1) is complied and completed. Next CrPC 154(3) and the follow it up with another visit to Ongole SP Office on a Spandana-Monday.
2022-09-05
Went to SP office straight and waited for my turn. First time experiencing a public grievance system. My issue was documented into a template and I was asked to appear before a DSP. I wanted for my turn and when it was time, I went in and sat before the DSP. After a lot of questions and answers (from me, obviously), the DSP directed (both orally on the phone) and on the template to register an FIR and investigate. Hurrraaayyyyyyyyy!
I got successfully registered my complaint at Spandana (weekly once public grievance program in all Govt offices of AP)
The interaction was interesting and I found another lead to pursue my other goal. Conduct free legal awareness sessions.
DSP: Being advocate, don’t you know that Police cannot directly register a 494 IPC case? (I did not hear the work ‘Cognizable’)
SP: It is made cognizable in AP sir.
DSP: (Surprised) Is it?
SP: Yes sir, here is the 2-page copy of the State amendment.
DSP: Immediately dials the Assistant Direction of Prosecutions to confirm. Call ends in 15 seconds with positive news.
SP: Not many are aware of this amendment sir. Even I came to know about this only from AP High Court judgments (like here and here).
DSP: This is news to me, it was not covered in the training imparted to the Police attendees.
SP: (Flash lights in my mind) Not just this sir, another issue in PWDV Act is also horribly implemented in AP and I filed petitions before the AP High Court.
DSP: Calls the CI of the Taluka PS, Ongole. No response. Calls the Writer in the Taluka PS. Comes to know the regular CI is on leave and only in-charge is in the Station. Call in-charge and orally directs that a case has to be registered for 494 IPC and the victim is an advocate and it will be difficult for you (in-charge/regular CIs) if he goes to High Court.
SP: Thanked the DSP profusely and offered to send the case laws to him over phone. Obtained his contact and immediately sent both the case laws. Later offered to take up any issue, with his support and guidance.
Overall, a good day, indeed!
2022-09-17
Hope this time around the FIR will be registered.
2022-09-26 (if necessary)
Index of all cases laid on me is here.
1. Device to detect hailstorm or rains and deflate protective shade to crops.
Multiple small umbrellas deployed automatically
In continuation from the About Me page… here are the interesting events… as usual… this will be updated regularly/weekly/monthly (currently on need basis)…
Hi Folks, Sharing with you all, how I dealt with the false 498A IPC case put on me and my innocent parents, along with timelines. I have also shared samples/templates made out of my petitions (obviously, totally redacted) along with below timelines, in PDF format.
Take little pains to have them drafted for your cases. Do NOT ask me word versions. Even if you ask, I will NOT give 😉
NOTE: If you become my client, all these samples and templates will be customized for your case requirements.
All credit primarily goes to one Mens’ Rights Organization, named and styled as MyNation Foundation. Hundreds of exceptionally knowledgeable members have spend thousands of hours selflessly just to guide, motivate, support another of their brother from another mother (that is myself) who has been facing a false matrimonial case in India.
Thank you Rudy, for giving us MyNation.net.
NOTE: My DV case is available here. Index of all cases is here.
On 07-April-2017,
Compliant filed with Women Police Station, Ongole;
Same day FIR is also registered under IPC 498A and u/s 3 and 4 of D.P.Act
On 08-April-2017,
FIR sent to 3rd Additional Judicial Magistrate of First Class, Ongole
On 01-May-2017,
Regular Bail granted by 1st Additional Sessions Judge, Ongole to Parents
On 01-June-2017,
Application filed for Anticipatory Bail with High Court of AP u/s 438 of Cr.P.C
On 18-July-2017,
High Court of AP granted Anticipatory Bail
On 31-October-2017,
Charge sheet filed with 3rd Additional Judicial Magistrate of First Class, Ongole
On 20-September-2018,
First appearance in the Court along with parents. Collected accused copies of all prosecution documents, 1 set per accused person. We were three, we got 3 copies of below documents.
- Complaint
- FIR
- Printed Charge sheet
- 161 CrPC statements of all witnesses
- Rough sketch of scene of offence
- and few more documents/evidences
On 02-April-2019,
Filed Party-in-person petition in 498A IPC case. All three accused (myself, my daddy and my maa) are PIP !!!
Sample Petition below
Sample Affidavit below
Affidavit - Petition to go PIP in IPC 498A Case (Without Auth)Sample Docket below
Docket Sheet for 498A Case PIP PetitionOn 02-April-2019,
Parents filed 205 CrPC petition praying for exemption from personal appearance during this false case proceedings.
Sample Petition below
Sample Affidavit below
Affidavit - Exemption from Personal Appearance under CrPC 205 in IPC 498A CaseSample Docket below
Docket Sheet for 205 CrPC Petition in 498A Case
Authorization under Rule 37 filed in the case proceedings.
Sample Authorization below
No sample form or format is available anywhere on the Internet or High Court of AP website. Hence prepared the template myself. You may copy it. 😉
IMPORTANT ASPECT: If you and your parents wanna go PIP, file separate PIP petitions for each accused and separate Rule 37 authorization. Do NOT file 205 CrPC in such case. During the proceedings, one accused can file absent petition or any other petition for other accused. So PIP+Rule 37 is the combination to utilize. Not 205 CrPC, as 205 CrPC mandates, in the absense of accused, their advocate should represent them. In PIP, there is no advocate at all.
Obviously, I filed another memo, seeking permission to withdraw my 205 CrPC petition filed on behalf of my parents. Now, I am free to file any number of absent petitions for them in Court. I also attach any medical certificate or prescriptions in support of the absent petitions. Magistrate cannot deny them.
On 02-April-2019,
Filed Discharge petition in 498A IPC case for all three accused myself, my daddy and my maa
Sample Petition below
Sample Affidavit below
Affidavit - Discharge Petition under Sec 239 CrPC in Sec 498A caseSample Docket below
Docket Sheet for 239 CrPC Petition in 498A CaseOn 22-April-2019, 25-April-2019 and 09-May-2019,
APP sought more time to file Counter to the Discharge petition
On 30-May-2019,
zCounter of APP against Discharge PetitionAPP finally filed a 1-pager Counter to the Discharge petition
Take time to laugh at it. Contact me to know why APP has filed such worthless Counter and the back story.
On 14-June-2019,
Court allows the absent petitions sent via Registered Post with Acknowledgement due. Interesting !!!
Sample covering letter to be sent to the Superintendent of the Filing Section of the Court where the Case is pending, along with duly filled and stamped absent petitions.
Covering Letter - SAMPLEAbsent Petition for absence from a Court hearing date is filed under section 317 Cr.P.C. Sample available here.
From July 2019 to December 2019, Magistrate goes on training!!! 6 Months of training…
On 12-February-2020,
Hearing in the Discharge Petition
Hearing in the Discharge Petition happened. This is otherwise called as Hearing Before Charge framing (HBC)
I introduced the genesis of the case and then the discharge petition and swiftly moved onto the 8 grounds, one by one. Magistrate kept interrupting me by way of clarifications. Took around 15 mins to finish. APP was asked if she got anything to say to the 8 grounds (Note: Magistrate noted down 4 grounds only in her notes). As expected, APP denied the grounds as invalid and not applicable at this stage of case. APP amused me with 1-page Counter earlier (scroll up and read above) and now said very funny and weird reasonings to invalidate my grounds.
After this ruckus, Magistrate asked me for Judgments that I cited in the Discharge Petition. I said, all the judgments are reported judgments and are picked from Law reporters. Still Magistrate and APP also insisted that I produce judgments. I said, I will bring them in the next date. Finally, Magistrate said, she is moving the proceeding, For Orders.
I am glad, at last, I will have a Judicial order soon, that I can go against for Revision in Sessions Court u/s 397 Cr.P.C read with 399 Cr.P.C. with an additional prayer to stay the Trail Court proceedings and for this I have 90 Days of time.
On 24-February-2020,
Order in the Discharge Petition was not passed.
On 02-March-2020,
Order in the Discharge Petition was passed. I was absent.
On 12-March-2020,
Dismissal Order in Discharge petitionI got a CA filed via a advocate friend (yes, i made friends with advocates)
Now working on Criminal Revision Petition to file against above dismissal order at Sessions Court, at the earliest, along with PIP petitions at Sessions Court.
On 08-October-2020,
Revision petition against Discharge Dismissal in IPC 498A Case (SAMPLE)I got the Criminal Revision filed via the advocate friend; Awaiting numbering and subsequent initial hearing
On 10-February-2021,
The Criminal Revision is numbered and notices sent to Respondent. Call on 12 March 2021
On 12-March-2021,
Nothing actually happen on the Bluejeans session. Since Notice to R2 had returned as party not available’, Court allowed serving of Notice to correct/alternative address. If this too fails, next step is to go for Newspaper publication.
On 12-April-2021,
Awaiting hearing…
On 07-August-2022,
Just updating developments…
On 10-October-2022,
Came to know that Requisition Note was sent to TS HC from AP HC but there is no response on my case bundle. More details here.
On 14-October-2022,
Appeared before the Magistrate for Charge-framing circus and Millions Thanks to God, THAT happened.
On 16-November-2022, 07-December-2022 and 12-December-2022,
Business: The Complainant must turn into Prosecution Witness-1 and file her Chief Examination/Evidence Affidavit and serve a copy to me. As I expected this did not happen.
On 13-December-2022,
First Listed Witness LW-1 turned First Prosecution Witness PW-1 and sat for Chief Examination by Assistant Public Prosecutor. Finished the drama on same day.
I cross examined the PW-1, in part and sought adjournment for continuation of Cross on NDOH.
On 19-December-2022 and 20-December-2022,
Nothing happened.
On 21-December-2022 and 22-December-2022,
I cross examined the PW-1, in part on 21-Dec-2021 and sought adjournment for continuation of Cross on NDOH. Finished the Cross examination of PW-1 on 22-Dec-2022.
On 04-January-2023,
APP finished Chief Examination of PW-2 (mother of complainant and LW-3 from Charge sheet).
On 11-January-2023,
Prepared detailed set of Questions (as with PW-1 above in Excel) to ask the PW-2. Asked them in a pre-organized manner so as to hit the key allegations of dowry and counter allegation of bigamy. Got as many favourable as I needed to dismantle the allegations of PW-2. She eventually became a hearsay witness.
On 03-February-2023,
Prepared detailed set of Questions to ask the PW-3 (the Investigating Officer/LW-8). Asked the witness questions beginning from the fundamentals like names of parties and went ahead in a pre-organized manner so as to hit the lapses in the procedural steps in a dowry case. Could ask around 40-45 questions from my prepared set of 100+ questions. 3 documents are marked as exhibits (FIR, Charge sheet and sketch of scene of offence at Hyderabad) but none incriminating me or other accused to the case.
Since there is nothing incriminating accused was brought on record of the Court, the Court may dispense with proceedings under 313 CrPC. Let’s see.
On 16-February-2023,
After facing a loss in the DV case yesterday, today I found out, on the eCourts app of course, that the Criminal Revision filed in 2021 was dismissed. Here is the 1-page Order. Double Whammy for me… on back to back dates.
Sandeep Bhavan Pamarati and Ors Vs State of AP and Anr on 14 Dec 2022On 27-March-2023,
Decided to file Written Arguments u/s 314 Cr.P.C. into Court, instead of waiting for APP to argue the case.
2023-03-18 Memo of Written Arguments u-s 314 CrPC in 498A IPC Case v0.2On 08-December-2023,
Decided to trim the timeline entries on this page and jump straight to Judgment date.
On 07 Dec 2023,
I and my parents are acquitted from the false 498A IPC case, on merits. Not settled, not quashed. Acquitted on merits. This is a big deal, for me.
On judgment date, I have with me Dr. Parasar Sarvepalli and Rama Krishna garu to support me. The moment came at about 2PM, when we were called into the Court. As usual, we were called last after all litigants and advocates left Court hall. It was a tense 2 mins, when I faintly heard that A1-A3 are found NOT guilty and therefore they are acquitted… We came out of the Court hall and the emotions started to flood the dam/eyes. For out 15 mins, it was a mixed feeling of joy, exhaustion, despair, hope and angst… We regains our balance, finished formalities (signing of bonds u/s 437A CrPC) and left the Court premises, Happy.
My Advocate friends Pokala Venkateswarlu and Bandaru Dhanalakshmi garu helped me with filing the Surety bonds and necessary affidavit and preparing the documents in prescribed fashion. Thanks to them, for their timely help.
State of AP Vs Pamarati Sandeep Bhavan and 2 Ors on 07 Dec 2023LEGAL PROCEDURE TO FILE PETITIONS IN TRIAL COURTS and COMMON PITFALLS TO AVOID:
The strategy to win in this case is as mentioned here.
Similar to the 498A IPC case timeline available here, in this current post, I am sharing timelines and redacted petitions that I filed in the DV Case.
Take little pains to have them drafted for your cases.
Do NOT ask me word versions. Even if you ask, I will NOT give 😉
—————————————————————————————–
On 08-August-2017,
Court orders for Counseling and DIR reports from Protection Officer
On 17-August-2017,
Notice from Protection Officer to attend Counseling at Sakhi Center, Ongole
On 04-September-2017,
First Counseling session at Protection Officer, Sakhi Center, Ongole – Attended
On 16-September-2017,
Second Counseling session at Protection Officer, Sakhi Center, Ongole – Didn’t attend
On 01-December-2017,
Notice for appearance u/s 13(1) a of PWDV Act 2005 in front of Addl JMFC – Attended
On 08-December-2017,
First hearing – Attended – Vakalatnama filed by Advocate
On 08-February-2018,
Counter against DV Case Feb 8thFourth hearing – Attended – Counter filed
Please scroll down a little and read the Counter I filed in opposition to the IM application from OP. It will help draft a better Counter/Written Statement, as I learnt a lot about drafting legal documents, in this one year.
On 12-April-2018,
Sixth hearing – Attended – Judge ordered for examination
Scroll down to bottom of the page, to see what transpired from April 2018 to April 2019.
I kicked out the fraud advocate I had engaged for the DV case and became PIP. I started to Take Control of My Case.
On 02-April-2019,
Filed PIP Petition for myself
PIP Petition
Memo to go PIP in DV CasePIP Affidavit
Affidavit - Petition to go PIP in DVC CasePIP Docket
Docket Sheet for DVC PIP MemoOn 02-April-2019,
Filed Expedite proceedings Petition
Expedite Proceedings Petition
Expedite proceedings under Section 12(5) in PWDV CaseAffidavit
Affidavit - Petition to Expedite in DVC CaseDocket
Docket Sheet for DVC Expedite MemoOn 02-April-2019,
OP/PW1 filed Chief Examination Affidavit, in lieu of Chief Examination in the witness box
On 22-April-2019,
Filed Removal of Names Petition for parents
Sample Removal of Names of Parents Petition
Sample Removal of Names of Parents Afidavit
Affidavit - Removal of Names of Parents in PWDV CaseSample Removal of Names of Parents Docket
[pdf-embedder url=”https://www.shadesofknife.in/wp-content/uploads/2018/03/Docket-Sheet-Removal-of-Names-of-Parents-in-PWDV-Case.pdf” title=”Docket Sheet – Removal of Names of Parents in PWDV Case”]
UPDATE: Magistrate advised (rather told) me to bring out the truth in Cross Examination, instead of allowing this petition.
On 22-April-2019,
Crl.MP 655/2019 is allowed – PIP petition allowed
On 25-April-2019,
Filed (Revised and Final) Counter against the Interim Maintenance along with supporting electronic/digital evidences (in Paper and DVD formats) via a Receiving/List of Documents petition
Sample Counter against Interim Maintenance application in DV Case
Counter against Interim in PWDV Case - NEWSample Affidavit for Counter against Interim Maintenance application in DV Case
Affidavit - Counter against Interim in PWDV Case - NEWSample Docket for Counter against Interim Maintenance application in DV Case
Docket Sheet - Counter against Interim in PWDV Case - NEWSample Receiving documents Petition in support of Counter against Interim Maintenance application in DV Case
List of Documents to support Counter against Interim in PWDV CaseSample Receiving documents affidavit in support of Counter against Interim Maintenance application in DV Case
Affidavit - List of Documents to support Counter against Interim in PWDV CaseSample Receiving documents docket in support of Counter against Interim Maintenance application in DV Case
Docket Sheet - List of Documents to support Counter against Interim in PWDV CaseOn 25-April-2019,
OP/PW1 sworn the Chief Examination Affidavit;
2 Exhibits P1 and P2 were marked. Marriage Invitation Card and Single Marriage photo.
On 09-May-2019,
OP Absented and We Present. I prayed for Cost levy on OP.
PW1 is directed to appear by next adjournment without fail
On 30-May-2019,
OP Absented and We Present. I prayed for Cost levy on OP.
PW1 is directed to appear by next adjournment without fail. Otherwise the next step will be follows.
On 03-June-2019,
Conducted Cross-examination of PW1/OP – Day 1
Actual base questions used prepared from Chief Examination affidavit of PW1/OP
Cross-Examination Sample Questions
On 04-June-2019,
Conducted Cross-examination of PW1/OP – Day 2
On 17-June-2019,
Conducted Cross-examination of PW1/OP – Day 3
On 18-June-2019,
Conducted Cross-examination of PW1/OP – Day 4
Original questions asked and the responses (already prepared to get these answers) from PW1/OP
Cross examination QnA in DVC IM for Upload
On 19-June-2019,
Cunning knife sought adjournment for some reason and ran away from Cross-examination
On 05-July-2019, 02-08-2019 and 29-08-2019
I filed absent petition via RPAD, since Magistrate went on for a 6-month long training.
On 17-09-2019, 14-10-2019, 11-11-2019 and 02-12-2019
I did not file the absent petition.
On 17-01-2020,
I filed the absent petition and it got allowed. On next date, I was fully prepared to pose my final set of Cross examination questions to PW1 and end this stage. If permitted, getting ready to finish Oral Arguments and file written arguments as well.
On 07-02-2020,
Conducted Cross-examination of PW1/OP – Day 5
As expected, posed final set of Cross examination questions to PW1 and finished this stage. That’s when I understood and realized that, there are other PWs.. Hmm. I should have sought for and got List of Witnesses even before beginning the Cross of PW-1. Lesson (known, but forgotten) learnt. Hence, Arguments stage is few more dates away.
Here are the final set of Cross questions that I posed to PW-1 and few that I couldn’t ask.
Cross examination of PW-1 in DVC IM as on 2020-02-07
Now to prepare questions for PW-2. Who will that be? Father, Mother or Brother of Cunning ungrateful knife? Let’s wait for 27-Feb-2020
On 27-02-2020,
Awaiting entry of PW-2
On 01-04-2021,
Awaiting entry of PW-2 ; Going to pray for close of Further evidence of Petitioner as last 4 hearing the party as well as Advocate was absent. Seems they are no more interested in the lis.
On 30-09-2021,
Still Awaiting entry of PW-2
On 29-09-2022,
Exactly after one year from last date, I took things to Hon’ble High Court in a Criminal Petition seeking directions to the trial Court for early disposal of this case and the Hon’ble Judge has been kind enough to grant my prayer.
Detailed post here.
On 17-10-2022,
2022-10-17 MEMO submitted HC Order to expediteGoing to the Court, with a memo to receive the High Court order and comply with the direction.
On 12-01-2023,
SAMPLE Memo of Written Arguments u-s 314 CrPC in DV CaseSuccessfully made Oral Arguments and also submitted Written Arguments (just in case this matter goes to higher courts in appeals/revisions)
On 15-02-2023,
DV case partly allowed. 5 Lakhs as compensation and 10,000 as costs of filing the DV case.
COUNTER ATTACK –>
Perjury in PWDV Case (if any adverse orders get to pass)
Petition
Affidavit
Docket
The necessary judgments to win this case are listed here.
SUMMARY of the CASE HISTORY
This post lists all the false cases filed on me and my family, by the Ungrateful Knife. I filed a few…
MASTER SITEMAP here.
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