After losing the Nullity petition here, I filed a divorce petition before Family Court, Ongole, Prakasam District, AP, seeking Decree of Divorce of my marriage under Section 13 of Hindu Marriage Act.
Now to serve the notice on the unavailable OP…
Category: Sandeep Pamarati
Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition)
After lot of dilly-dallying, I filed a petition before Family Court, Ongole, Prakasam District, AP, seeking Declaration of Nullity of my marriage under Section 11 read with Sections 5(i), 17 and 21B of Hindu Marriage Act.
Here is the Petition copy.
As expected (because same thing happened in DVC Criminal Appeal also), the Respondent remained exparte. Me happy!
After recording my evidence (Examination in Chief), subsequently, Written Arguments were also filed.
Unfortunately, my Nullity Petition was DISMISSED.
Now hoping for a positive result in CFR for FIR for 494 and 495 IPC.
Thereafter I approach the Family Court at Ongole with a Divorce Petition here.
Index of my cases is here.
Sandeep Pamarati Vs Ungrateful Knife (Criminal Appeal against DVC Compensation Order)
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 hope got stretched to 1 more year.
That loafer judge got transferred to a different Court a new Lady Judge came to Family Court, Ongole.
She heard the case in Feb 2025 (yes not in 2024!) and delivered decision in Mar 2025.
I won the Appeal case. Here is the Judgment
Go back to Index of my DV case here.
Sandeep Pamarati Vs State of AP (Release of Passport)
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…
To 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.
The 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…
Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days)
So as per revised strategy here, I filed the Crl.P. at AP High Court seeking quash of DVC (i know DVC won’t be quashed on the ground of induced delay) or alternatively order for early disposal as per Sec 12(5) of PWDV Act 2005. This is listed for Cause list Motion Hearing before Court-19 Justice Ninala Jayasurya at Serial No.29 for 29-Sep-2022. Once this is decided (hopefully at admission stage itself), the WP(PIL) will be filed with 15 Respondents.
The copy of the Petition is here.
2022-09-29
I got a wonderful audience before the Hon’ble Justice Ninala Jayasurya for about 5 mins. I spoke about
- my role in the HC case and the trial court case
- what was the stage of the trail court case
- how the dvc complainant absented herself from Feb 2020 and her counsel absented himself from Dec 2021 in the case
- stated the time limit mandated in the law and the actual elapsed time in the dvc
- prayed from quash of dvc due to abuse of process of law and in the alternative, pass directions for time-bound disposal of dvc
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…
Now, to shoot the PIL on the endless delays in disposal of DV cases in the State of AP… Now, head back here.
Sandeep Pamarati Vs Ungrateful Knife (Bigamy under 494 and 495 IPC)
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:
- Why complain now after a gap of many years?
- Why here and not in Hyderabad or Pune?
- Why not talk and settle matter?
- Why for a NC (non-cognizable case), came to Ongole all the way from Vijayawada?
- Without taking legal opinion, how can we register FIR immediately?
- Why evidences are attached?
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
- Received a call from a Head Constable asking me to appear before CI, Taluka PS, Ongole. After a quick conversation, informed him that I will appear on Saturday for the same.
- Went to Taluka PS, Ongole at 11AM and waiting until 1.30PM. Then had lunch and went to meet DSP DTC, Shri G Rama Krishna garu. Had a worthwhile conversation and requested him to remind the CI, Taluka PS to register FIR and inform me to record my statement u/s 161 CrPC. If no FIR done, then I am to appear before SP, Prakasam District on a Monday (in the Spandana Program), Sep 26, 2022.
Hope this time around the FIR will be registered.
2025-06-07
- Whatever happens, happens for our own good, so will NOT hurry this CFR matter until I get favorable Order in Nullity case here.
Index of all cases laid on me is here.
Being Farmer
1. Device to detect hailstorm or rains and deflate protective shade to crops.
Multiple small umbrellas deployed automatically
My Law Journey…
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)…
- Been providing legal counseling from Jan 2018 on wards to distressed husbands and their families in dealing with the false cases
- Wrote the AP LAWCET 2018 exam on 19-04-2018 (Thursday)
- Got 293 rank in AP LAWCET 2018 exam on 14-05-2018 (Monday)
- Wrote the TS LAWCET 2018 exam on 25-05-2018 (Friday)
- Got 636 rank in TS LAWCET 2018 exam on 14-06-2018 (Thursday)
- Got admitted to a local college, Sri Vijayanagar Law College, Anantapur into 3 years LLB (General) course on 17-10-2018 (Wednesday) Durgaashtami
- Week #1 (Wk Ending 03 Nov 2018)
- First week of college started on 29-10-2018; It felt funny to be among classmates who are 10+ years younger to me.
- First week ended with a good note on 03-11-2018. I am adjudicated at First place in a ‘Pick (a topic) and Speak’ competition at College along with a woman classmate.
- I wanted to participate in this event for one single objective: Folks of my college should know me with this. I have achieved that objective. No need to participate in it again. Set and Reach new objectives now.
- Week #2 (Wk Ending 10 Nov 2018)
- This week, I learnt about ‘Para-Legal Volunteer’ scheme from NALSA and gave my name to register as PLV. Am excited and looking forward for the paralegal work to begin soon.
- Weeks #3 and #4 (Wk Ending 24 Nov 2018)
- These two weeks were turning point, so to speak. Tried to introduce legal news into class whatsapp group and got myself kicked out. LOL. I pity their ignorance & childishness (by forming their own groups and ‘gangs’, idiots, haha) and as the saying goes, Ignorance of Law is not excusable. Hope they will realize this after beginning their law practice, which I highly doubt, considering their histrionics in class.
- Week #5 (Wk Ending 01 Dec 2018)
- Noon classes began and stopped as fast as they started, as the faculty got over-burdened. College re-opens for my batch on Dec 12th, literally.
- Got RR series Quick Reference guides for all 5 subjects. Started with Essay-type question answer in IPC subject.
- Week #6 (Wk Ending 08 Dec 2018)
- Have targeted to read essay type questions from IPC, Torts and Constitution Law from previous exam papers. Listed them here.
- Have Setup a WhatsApp group for people who are fighting their cases on their own, Party-in-person (PIPs). Contact me here, if you are a PIP, operating anywhere in India, and want to join this group.
- Week #7 (Wk Ending 15 Dec 2018)
- Per target last week, did complete studying few large answer questions.
- College started on the prescribed date this week.
- Bought the Internship Diary. Now only thing pending to complete the circuit is a Senior Advocate. Hahaha
- Week #8 (Wk Ending 22 Dec 2018)
- Writ material is gathering a shape. Happy about it that got inputs from a dear friend. Thanks 498aNlr
- Even faculty when heard about the writ’s objective were dismissive about the writ. Have to face much more negativity.
- Week #9 (Wk Ending 29 Dec 2018)
- Got one more book for 2nd semester. Cancelled the remaining order and requested refund for remaining books. Bought the Contracts-1 book (Rega Surya Rao, no option left)
- Got busy with judgments upload and neglected studies.
- Preparing for the debate program on Jan 11th 2019 on the topic of, ‘Abolishment of Capital Punishment’. Have some solid points ready.
- Week #10 (Wk Ending 05 Jan 2019)
- Attended the Fresher’s party function at College on 31 Dec 2018, organized by the 2017 batch seniors. It was a very-well planned and conducted event. Appreciated by one and all.
- Lecturers informed that first semester exams are fast approaching and positively will be conducted by 3rd week of February. Started explaining the ways to write various types of questions. Still folks in class are dumb.
- Week #11 (Wk Ending 12 Jan 2019)
- All students getting ready for impending examinations. Folks making photocopies of text books, altogether. HAHA
- Extra classes also being scheduled this week for one subject. Soo much subject and soo little time to study. Law student life!!
- Week #12 (Wk Ending 19 Jan 2019)
- Week #13 (Wk Ending 26 Jan 2019)
- Week #14 (Wk Ending 02 Feb 2019)
- Week #15 (Wk Ending 09 Feb 2019)
- Week #16 (Wk Ending 16 Feb 2019)
- Week #17 (Wk Ending 23 Feb 2019)
- Week #18 (Wk Ending 02 Mar 2019)
- Few students in the class resisted to go down the route of copying from micro-xerox photocopy ‘booklets’; I was one of them.
- Wrote exams well to the best of the efforts of my brain cell !! LOL
- Week #19 (Wk Ending 09 Mar 2019)
- Began writing notes for all subjects
- Got ‘Harassed Husbands’ delivered.
- Week #20 (Wk Ending 16 Mar 2019)
- July 2019
- Came to know the results of first Semester. All Pass. 49.1% Aggregate score. Happy. No backlog
- Participated in my first Moot Court competition at GITAM School of Law. Details here.
- August 2019
- Serious preparation for 2nd Semester examination… sort of.
- Drafted post related to 2nd PIL here.
- September 2019
- Getting ready for 2 upcoming Moot Court competitions. With a novice and learning team. Challenging? Let’s see
- Unfortunately, this got cancelled, for now, with a promise that they will reschedule the event on a later date. Details here.
- 3rd Semester began. As if nothing new happened, Quietly.
- Got hold of all necessary study guides in one bunch at Library itself for a reasonable price.
- October 2019
- Attended college regularly.
- Prepared a draft policy document with necessary changes to various aspect of College ecosystem and presented to Principal. He promised to take action on few of them at least.
- November 2019
- Went to Vizag to seek Expert Legal opinion on my first PIL here.
- Then went to Amaravathi and filed the PIL. It got reviewed and a SR issued [WP(PIL)SR 29833/2019]. Awaiting numbering of PIL, after an Interview by a team of Registrars.
- December 2019
- Preparing for 3rd Semester Examination… again, sort of.
- Came to know the results of second Semester. All Pass. 51% Aggregate score. Happy. Again no backlog
- Got a call to appear before the Committee of Registrars regd the PIL I filed last month.
- January 2020
- Finished off the exams. I told myself, you did well; will clear all this semester too. I hope I told myself correct.
- Received an Order from the Committee of Registrars. They rejected my request to appear PIP. Reason: I never appeared before any Court as PIP. They lied. Good that I have electronic evidence to prove them wrong, if required in a Court hearing. I will keep that option open. My Trump card.
- February 2020
- Went to High Court and took back my petition (all sets). As will everything first time with me, this too failed. Won’t be failing next time though. Not sure when is the next time.
- Supposed to appear for the judgment pronouncement in the Discharge Petition I filed. Not sure why, but I didn’t appear in the Court. Also something called as epidemic was said to have started causing panic.
- March-June 2020
- The epidemic was declared pandemic n-COVID19.
- Entire 4th semester classes (except for a couple of weeks), went online mode.
- Due to COVID-19, the final exams for 4th semester got scrapped. So I am deemed to have passed the 4th Semester. Kind of… Yippeeee… 2nd Year too cleared. All Pass and some washout. FINAL YEARRRRR, here I come. 1 year closer to my immediate goal of getting LL.B. degree
- July 2020
- Came to know the results of third Semester. Collected marks-list for 3rd Semester.
- All Pass. 47.2% Aggregate score. Happy. No backlog. I was a good motivator for myself.
- August 2020
- Paid Fee for final year LL.B. Ufff… no more BIG payments for academic purposes. Promise to myself. Naa meedottu.
- Some painful conversations and decisions taken later
- Online classes for 5th semester started. Am I attending regularly?
- 14-August-2021
- That day came, wherein all activities at one’s Law college will end for you. Today I submitted the last record (incidentally my favorite topic: Public Interest Litigation) and my Internship diary at college; No questions were asked.
- Quietly ended the day with plans for next day, 15-Aug-2021 (74th Independence Day)
- Motivated myself to change my lifestyle gradually.
- No more updates to this page.
- 17-March-2022
- Enrolled with Bar Council of Andhra Pradesh, as an Advocate…
- Parents were present at the venue and were ecstatic… Joy clearly visible on their faces…
- 14-August-2022 (Exactly one year later…)
- One WP filed (Questioning Dowry giver is a criminal or not) and is next listed on 30-Sep-2022
- One IA filed (Seeking release of my passport) in a earlier closed Crl.P.
- Opened Vijayawada Office at Machavaram Down from Jan 2022
- Worked out an understanding with Suprajaa Rajan to open Bengaluru officer as well. WIP. Not yet there.
- Earned Rs.1,21,500/- from the date of enrolment 17-Mar-2022.
- 104 goals setup for myself (and my team, if it ever materializes) here.
- 14-November-2022
- Closed down the office/home at Vijayawada permanently. My plans failed and I had to do course-correction.
- Relocated to Ongole to take advantage of the early disposal order obtained from APHC here.
- 21-April-2023
- Relocated to Mangalagiri
Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
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 filed against my and my parents is here and my defence/counter attacks.
Detailed Timeline of the case under IPC 498A
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
Sample Docket below
On 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
Sample Docket below
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
Sample Docket below
On 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,
APP 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.
Absent 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,
I 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,
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…
- Stopped pursuing the Criminal Revision at Sessions Court, till date. But will proceed with newspaper publication.
- Initiated a IA (IA 1/2022 on 10/02/2022), in the long-disposed matter of Crl.P. No. 3886/2017 which was filed seeking Anticipatory Bail from AP HC), seeking release of my passport from the custody of Ongole Trial Court, where my newly renewed passport has been locked up from 2017 July… i.e., just over 5 years! Half the time for which the passport was renewed went in Court itself.
- The SO of criminal section (B Satyanarayana) says, this 2017 file is not here at Amaravathi but may be at Hyderabad for which his office sent a requisition note to Telangana High Court in February itself but surprisingly the staff at TS HC says they never received any such note!! Interesting!
- Also went to the New Filing section counter asking why my NOC was not reflecting on the Case Status portal. It is revealed that it was never taken up for processing because the person was on leave. My NOC-Vakalatnama was just lying there in a bundle of to-do items, for 4 full weeks!
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.
On 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.
On 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.
LEGAL PROCEDURE TO FILE PETITIONS IN TRIAL COURTS and COMMON PITFALLS TO AVOID:
- One petition per accused to be filed those that are going to defend their cases as Party-in-person. If you file one petition for 3 accused’s party-in-person, some idiots at Court will ask for rule which states that 3 accused can file one petition seeking party-in-person. Be aware of this.
- All petitions (along with it’s affidavit and covering docket sheet) given to Court should be in green-colored Conquest paper, in legal size only.
- Update: This requirement is no longer valid, as AP HC decided to do-away with conquest/legal paper at all District Courts in the State of AP. Details here.
- Petitions can be submitted in the Court to the Magistrate (via the Court attendant) or filed at the Bench Clerk’s office to Supervisor/Clerk there. Go with first option always.
- IMPORTANT: Obtain signature of the APP/PP on the petition that is going to be submitted to Court and then submit. Else, petition may be taken in, but then you will have to file a memo with signature from APP/PP. To avoid this double work, find out on what days (Mon-Sat) does the APP/PP of that Court come to Court. Then give a copy to APP/PP for their perusal and get received copy signature on the Original petition that will be submitted to Court.
- For every petition submitted to Court, one copy should be given to PP/APP in Criminal Cases (like 498A IPC etc) and to Prosecution advocate in Civil Cases (like DVC, 125 CrPC etc). This can be in regular white paper, in legal size only.
- Copy of petition to be served on OP advocate/A.PP before providing a copy to Court, preferably. Otherwise, OP Advocate can create ruckus and this can lead to another date.
- Each petition we submit to Court should have Rs.2/- (in Andhra Pradesh) Court Fee stamp on it. Check your Court procedure, where should it be attached. Even check amount of stamps necessary. To be on safer side, many attach more valued stamp than necessary.
- No stamps necessary to stick on replies given by us such as Counter, Written Statements etc
- Ensure the proper sections are cited on the petition’s cause title. There will be objections raised by APP/PP on this technicality itself.
- Ensure verification section is there on your affidavits. And signed.
- If there are a bunch of documents along with the petition, tie them together with a strong thread/tag.
- Use Memos to convey information to Court. I used a memo to convey that I be exempted from Daily hearing for a certain week time due to personal emergencies. Magistrate did consider my memo/request and delayed the NDOH to another date.
The strategy to win in this case is as mentioned here.
