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True Colors of a Vile Wife

Tag: Work-In-Progress Article

Discharge Judgments u/s 239 Cr.P.C.

Posted on April 7, 2018 by ShadesOfKnife

Here is a list of the Judgments where the accused are discharged u/s 239 Cr.P.C

  1. Supdt. S. Remembrancer of legal affairs W.B. Vs. Anil Kumar Bhunja- AIR 1989 SC 52
  2. Stree Atyachar Virodhi Parishad Vs. Dilip N. Chartia 1989 (1) SCC 715
  3. State of Maharashtra and Ors. v. Som Nath Thapa and Ors. AIR 1996 SC 1744
  4. State of M.P. v. Mohanlal Soni AIR 2000 SC 2583
  5. Kanti Bhadra Shah and Anr Vs State of West Bengal on 5 January 2000 (Charge-framing itself is a judicial order which implies Magistrate applied judicial mind)
  6. Savitri Devi Vs Ramesh Chand And Ors. on 19 May, 2003 (Appeal petition by Knife on not framing changes on relatives is dismissed)
  7. State Of Orissa Vs Debendra Nath Padhi on 29 November, 2004 (SC: No evidence from Defence/Accused during Charge Framing/Discharge Stage)
  8. Ajoy Kumar Ghose Vs State Of Jharkhand & Anr on 18 March, 2009 (Discharge and Charge Framing procedure explained)
  9. B.S.Neelakanta and Anr Vs State of A.P. and Anr on 04 December 2013 (AP HC: Dismissal of Discharge is set aside)
  10. Nitya Dharmananda @ K. Lenin Vs Sri Gopal Sheelum Reddy on 7 December, 2017 (SC: Defence can satisfy Court to seek documents of Sterling/Unimpeachable quality from IO/Prosecution that were not sent to Trial Court u/s 173 CrPC)
  11. C Krishna Priya Vs State of AP on 14 September 2018 (TS HC: No specific allegations, Dismissal of Discharge is set aside)
  12. CBI Vs Ram Swaroop Chandel and Ors on 30 Sep 2020 (Delhi HC: If the prosecution witnesses presumed to be true, without any cross examination, still conviction cannot be awarded to the accused, then deserves for discharge)

 


Index of Discharge Judgments u/s 227 are here. Index of Quash judgments u/s 482 are here.


MASTER SITEMAP here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 239 - When accused shall be discharged Summary Post Work-In-Progress Article | Leave a comment

File a Discharge or Quash Petition

Posted on April 6, 2018 by ShadesOfKnife

When you are fighting the false cases you are impleaded with, we all know it is going to be a lengthy battle. Our effort should be to cut this to the minimum as much as possible.

Identifying applicability of Legal grounds as established by a catena of Judicial Precedents, from the complaint, FIR or Charge-sheet along with other Prosecution documents such as witness statements made u/s 161 CrPC, is the first task one has to do. Then search and procure the judgments applicable for the identified grounds. Later on draft your Discharge or Quash petition citing the identified legal grounds on how the facts of your case match that of the Precedents and support them by giving a reference to the Judgments.

Discharge Petition

One of the ways is to apply for discharge of all respondents at Judicial Magistrate court citing the legal grounds under which the complaint/FIR/Charge sheet is not maintainable in the eyes of law and needs to dealt with accordingly. This can only be done any stage before the charges are ‘framed’ on the respondents/accused by the Magistrate. So strategy should be to wait for the charge-sheet to be taken cognizance by the magistrate and given a number for the case. Here, you will also try and highlight contradictory statements of these documents, to your advantage.

Of course, you can file discharge petition citing the legal grounds from just the complaint and the FIR. No need of waiting for charge sheet. We will then restrict ourselves to Complaint and FIR.

 

The discharge petition can be filed under Section 239 (for Warrant Case/originating from Police Station) in The Code Of Criminal Procedure, 1973 or Section 227 (Summons Case/originating from complaints to Magistrate) in The Code Of Criminal Procedure, 1973

239. When accused shall be discharged. If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

Judgments list available here.

227. Discharge. If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

Judgments list available here.


Quash Petition

On similar note, Higher courts have powers under various sections and articles of constitution, to quash the FIR, Charge sheet, and any proceedings that are ongoing related to case like bails, mediation etc.

The quash petition can be filed under Section 482 in The Code Of Criminal Procedure, 1973

482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice

 

See this page here to read and understand the legal grounds that you can cite in your discharge or quash petition.

Visit this page here to read the grounds to quash FIRs u/s 482 CrPC


VERY IMP NOTE: Since this is just discharge from a criminal case, there is every threat of again becoming accused u/s 319 CrPC. Recent SC decision is here.

Posted in File a Petition | Tagged CrPC 227 - Discharge CrPC 239 - When accused shall be discharged CrPC 245 - When accused shall be discharged CrPC 482 - Saving of inherent powers of High Court Summary Post Work-In-Progress Article | Leave a comment

False IPC (Indian Penal Code) 498A Case

Posted on April 1, 2018 by ShadesOfKnife

Searched for Indian Penal Code (IPC) 498A case related information and landed here? Not a mistake.

As someone at receiving end of a false IPC 498A case, I can understand pretty clearly your situation, intent and instinctive reaction to fight back (albeit initial shocking moments).

Section 498A was introduced by legislature with a noble intent, but like (at last count, 49 such gender-biased laws) many women-oriented laws is ruthlessly misused, left-right-center.

Consequences of misuse?

1. Innocents implicated include bed-ridden elders & minor kids in husband’s home were arrested at old and late hours of night and cunningly enough on a Friday evening. You get the point? Think.

2. Totally unrelated people are implicated, just for the heck of it, along with family members who have never lived with the Knife.

3. Thousands (‘000s) opted for suicides, due to the harassment, shame and loss of dignity and respect caused by these baseless cases.

4. NCRB statistics vividly state there things

  1. 90,000 men succumb to suicides
  2. Most number of cases under any IPC section where Conviction rate is paltry .
Read more
Posted in Legal Procedure | Tagged IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Summary Post Work-In-Progress Article | Leave a comment

Sandeep Pamarati Vs Ungrateful Knife

Posted on March 27, 2018 by ShadesOfKnife

This post lists all the false cases filed on me and my family, by the Ungrateful Knife. I filed a few…

  1. Criminal case under IPC 498A read with sections 3 & 4 of Dowry Prohibition Act (Read bare acts by clicking here and here)
      • Discharge Petition filed. And dismissed. Filed Revision at Sessions Court. News paper publication pending. Came to know that this was dismissed on Dec 2022. Whoa!!!
    • A Writ Petition seeking declaration of Dowry Givers also as Criminals in a criminal case filed u/s 3 of DP Act 1961 here.
    • An IA was filed before APHC seeking relaxation of the condition of depositing my passport with trail court but it got struck here.
      • Then a Quash petition was filed before APHC seeking quash of the condition of depositing my passport with trail court here. It was withdrawn because High Court can not quash an order passed by itself, even if abuse of process is happening because of the said order. Now I have to pursue the above IA route.
    • ACQUITTED (me and my parents!) from the False Criminal case… First WIN at Trial Court!
  2. Quasi Civil case under section 12 of Protection of Women from Domestic Violence Act (Read bare act by clicking here)
    • Interim Maintenance application filed. But due to my strong Written Statement, Magistrate skipped the Interim application totally, and proceeded with Examination stage. Finished Cross of PW-1, after which the petitioner absented herself from Feb 2022 and her Counsel also absented totally from Dec-2021… Not sure if they will ever return to this Court.
      • A Criminal Petition seeking disposal of my DV Case in 60 days here. First WIN at AP High Court!
    • This petition was PARTLY- ALLOWED only due to above speedy trial Order from High Court.
    • Now filed a Criminal Appeal u/s 29 of PWDV Act against this part-allowed judgment here.
      • The Respondent remained absent even after newspaper publication so Family Court set her as Ex-parte.
        • Had to file a Speedy trial Petition before High Court again, this time Family Court Judge is delaying pronouncement of Final Orders. Another success! Details here.
      • WON the APPEAL, so the Fake DV case is DISMISSED.
  3. Criminal case under under 494 and 495 IPC (Read the text of sections here and here)
    • Had to file a Speedy trial Petition before High Court, as the Trial Court Judge is delaying pronouncement of Final Orders.
    • Due to incompetent lawyer I had to engage, I could not take advantage of this speedy trial Order yet.
    • Whatever happens, happens for our own good, so will NOT hurry this matter until I get favorable Order in Nullity case here.
  4. Civil Declaration of Nullity of marriage under Section 11 of Hindu Marriage Act
    • After recording my evidence (Examination in Chief), subsequently, Written Arguments were also filed.
    • Unfortunately, my Nullity Petition was DISMISSED.
  5. Seeking grant of Decree of Divorce on the grounds of Cruelty and Desertion under Section 13 of Hindu Marriage Act
    • Filed on

 

 


MASTER SITEMAP here.

Posted in Sandeep Pamarati | Tagged Dowry Prohibition Act 1961 IPC 498A - Husband or relative of husband of a woman subjecting her to cruelty Nullity Petition Dismissed Protection of Women from Domestic Violence Act 2005 Rules of the Act/Ordinance/Notification/Circular Sandeep Bhavan Pamarati Vs Anuradha Kovi (Nullity petition) Sandeep Pamarati Summary Post Work-In-Progress Article | 2 Comments

False Domestic Violence Case

Posted on March 21, 2018 by ShadesOfKnife

I understand that you are looking for valuable information to fight the false domestic violence (DV) case filed on you or your loved one, by the knife (alleged wife) or any of her relatives under Protection of Women from Domestic Violence Act 2005, hence you are here.

Worry not.

In this running blog post (meaning regularly updated post), you will find valuable information and helpful links to various parts of this site that will be specific to the subject/topic you are looking for.

Let’s leave the human emotional part of realizing that you are dragged into Legal litigation for a separate post here and get down to the business i.e, What Do We Do Now?

Let’s come up with the standard equation as below:

Demand (DV Allegations made)  Vs Supply (Reliefs claimed as per PWDV Act)

The Knife (or someone from her gang) would allege a variety of allegations on you and implicate parents as a routine matter as instigators such as

1. Deserted

2. Physical Assault

3. Mental harassment

4. Did not give finances for livelihood or household expenses

 

For each of the above allegations, the PWDV Act provides a relief, if the allegation is proven such as

1. Compensation

2. Protection

3. Residence

 

Read various posts made about False Domestic Violence Cases by clicking here.

Read the bare act by clicking here, for an enlightening experience.

Read more
Posted in False Case | Tagged Protection of Women from Domestic Violence Act 2005 Summary Post Work-In-Progress Article | Leave a comment

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