Thanks to a reader, we have this interesting judgment on topic of arrest and bail; and it highlights the rot that has become India, and the rot and zombie-hood exists in all branches of official life: be it executive (police department), or judiciary. So the usual Indian trick of pointing finger at another department will not work in this case. Citizens are not above blame either, because they seem to firmly believe that the rot exists in government, and it can’t be fixed; so all their energy is spent on finding shortcuts and escape techniques, rather than improving the system. …[Continue Reading]
Prima-facie IPC 406 charge dropped but 498A charge framed against accused husband – Delhi MM court
This judgment is useful to understand that for a trial to happen for a particular IPC section, the contents of FIR should prima-facie disclose a crime under that IPC section. In this particular judgment, it was held that the allegations in FIR constitute prima-facie a charge of IPC 498A, but there is no specific allegation to try the accused husband under IPC 406, so IPC 406 charge is dropped. Important part of judgment below: 10. As far as charge U/s 406 IPC is concerned after perusal of the complaint it is revealed that there is no specific allegations of entrustment …[Continue Reading]
How an NRI man fought false 498a, 406 cases within 6 months
Many NRI men ask how to fight cases filed by their wife back in India? Whether they will get arrested on arrival? Whether they will be able to get back to their job abroad or will get restrictions on their travel? There are no readymade answers for any of the above. However, following is an inspiring story of a man Anindya Chatterjee who came back from US to fight false 498a and 406 cases, and was able to get the trial done within 6 months. The interview doesn’t mention him to be an NRI but for practical purposes it will …[Continue Reading]
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