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 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 😉
All credit goes to one 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: DV case available here
Timeline of my case under IPC 498A
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
FIR sent to 3rd Additional Judicial Magistrate of First Class, Ongole
Regular Bail granted by 1st Additional Sessions Judge, Ongole to Parents
Application filed for Anticipatory Bail with High Court of AP u/s 438 of Cr.P.C
High Court of AP granted Anticipatory Bail
Charge sheet filed with 3rd Additional Judicial Magistrate of First Class, Ongole
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.
- Printed Charge sheet
- 161 CrPC statements of all witnesses
- Rough sketch of scene of offence
- and few more documents/evidences
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 belowAffidavit - Petition to go PIP in IPC 498A Case (Without Auth)
Sample Docket belowDocket Sheet for 498A Case PIP Petition
Parents filed 205 CrPC petition praying for exemption from personal appearance during this false case proceedings.
Sample Petition below
Sample Affidavit belowAffidavit - Exemption from Personal Appearance under CrPC 205 in IPC 498A Case
Sample Docket belowDocket 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.
Filed Discharge petition in 498A IPC case for all three accused myself, my daddy and my maa
Sample Petition below
Sample Affidavit belowAffidavit - Discharge Petition under Sec 239 CrPC in Sec 498A case
Sample Docket belowDocket Sheet for 239 CrPC Petition in 498A Case
On 22-April-2019, 25-April-2019 and 09-May-2019,
APP sought more time to file Counter to the Discharge petition
zCounter of APP against Discharge Petition
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.
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 - SAMPLE
From July 2019 to December 2019, Magistrate goes on training!!! 6 Months of training…
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.
Order in the Discharge Petition was not passed.
Order in the Discharge Petition was passed. I was absent.
Dismissal Order in Discharge petition
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.
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.
- 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/- Revenue stamp (in Andhra Pradesh) 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.