Are all these wives dead ?? Cognizance of offenses - 498a filed by the wife when she is alive

Dear Brothers


Some people here are of the view that 498a filed by a living wife may be treated on a different legal footing than 304B & 498a filed when wife is dead

This note is to clarify some issues on the above thought(s). This note IS NOT to oppose Mulkraj or any other view points. The idea here is to broaden our understanding....

Cognizance of offenses : 498a filed by the wife when she is alive
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Factual position as of date

1. In a VAST MAJORITY of cases here - I mean in this save Indian family yahoo groups list, 498a is filed by living women and ARRESTS have been carried out OR ARREST IS THREATENED even though the wife is alive

2. As in MY CASE, where my wife is alive, there are MANY SUCH cases in every city and town .... where ARREST is made or arrest is threatened ...

3. It is difficult to imagine that in ALL these cities AND towns AND Taluk / district Headquarters (where arrests have been made), that all lawyers and judges are NOT knowledgeable of the law ... or to say that in all cases people are being threatened & arrested ONLY by un scrupulous police who are looking at benefits

3.1. When I applied for bail, my lawyer did NOT charge me exorbitant fee. In fact he is a small town lawyer (case registered in a small town) and so he charged accordingly

3.2. I do not and CANNOT attribute wrong motives to all of them

4. I am aware of many many cases, where police AND lawyers people un connected with ANY lawyer in chennai, Bangalore, Mumbai, Calcutta, .... Delhi .....or major cities, STILL BELIEVE that 498a filed by a living woman IS cognizable and that the police may arrest after an inquiry

5. Last time when I was at chennai, Chennai and all India SIF members met some senior IPS officer's wife and she felt the same [the meeting was organized as a part of the awareness programme..]

Some sample cases

6. I have listed 15 to 16 cases below, where people have been arrested on a 498a complaint by a living woman

These are just examples

there are 100s if not 1000s of such arrests / threats of arrests

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6.1. Some of these people ARRESTED are Judges themselves !! (when the complainant woman is alive!!)

Additional district, sessions judge held in dowry case

http://vinayak.wordpress.com/2007/10/14/additional-district-sessions-judge-held-in-dowry-case/

alternate URL http://tinyurl.com/375huj
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6.2. MANY Arrests before and AFTER Sushil Kumar Sharma case. Even police officers are seeking ANTICIPATORY BAIL !! Why do they have to seek bail if NO ARREST is possible when wife is alive ?

IPS officer approaches HC for anticipatory bail after dowry case by his living wife

http://vinayak.wordpress.com/2007/10/14/ips-officer-approaches-hc-for-anticipatory-bail-after-dowry-case-by-his-living-wife/

alternate URL http://tinyurl.com/37x2cp
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6.3. Sportsmen and prominent personalities have been arrested

Hirwani's father-in-law held in dowry case

http://vinayak.wordpress.com/2007/10/14/hirwanis-father-in-law-held-in-dowry-case/

alternate URl http://tinyurl.com/2sxbau
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6.4. Same (arrest ) is the fate of common men :-(

http://batteredmale.blogspot.com/2007/10/four-held-in-dowry-case-where-is.html

alternate URL http://tinyurl.com/38njvt
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6.5. Bail refused after MONEY talks failed !!... wife alive !! how else will she talk money :-(

http://batteredmale.blogspot.com/2007/10/bail-refused-after-money-talks-failed.html

alternate URL http://tinyurl.com/39unuz
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6.6. As Said before, this doesn't spare the rich and the famous, politically connected or not

http://vinayak.wordpress.com/2007/10/14/ex-envoy-arrested-for-torturing-bahu/

alternate URL http://tinyurl.com/2nb84y
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6.7. This malice is NOT new :-(  The legal fraternity was well aware of this over 5 years ago !! Check this calcutta report

http://vinayak.wordpress.com/2007/10/14/some-brides-are-%e2%80%98villains%e2%80%99-not-victims-lawyers/

alternate URL http://tinyurl.com/2ob2bv
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6.8. Are all these wives dead ??

Around 2,500 men are suspended every year after being arrested under Section 498A (Cruelty and Torture on Housewife) of the Indian Penal Code !!

http://batteredmale.blogspot.com/2007/10/around-2500-men-suspended-every-year.html

alternate URL http://tinyurl.com/3azmws
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6.9. Arrests under sec 498a continue to this date even though the wife is alive !!

http://batteredmale.blogspot.com/2007/10/arrests-under-sec-498a-continue-to-this.html

alternate URL http://tinyurl.com/2nd29w
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6.10 . If 498a by a living woman is NON cognisable as claimed by some, why would the courts give a NOTICE OF ARREST ??

http://batteredmale.blogspot.com/2007/10/in-spite-of-courts-notice-of-arrest.html

alternate URL http://tinyurl.com/2s8z4l
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6.11. Relations turn sour, husband held on charges of domestic violence

http://batteredmale.blogspot.com/2007/10/relations-turn-sour-husband-held-on.html

alternate URL http://tinyurl.com/37dooa
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6.12. NRI Husband and Mother in Law Arrested on wife's words :-( OF COURSE SHE IS ALIVE, how else can she speak ??!

http://batteredmale.blogspot.com/2007/10/nri-husband-and-mother-in-law-arrested.html

alternate URL http://tinyurl.com/3bdymv
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6.13. If you cannot nab the husband, nab the brother (sic)

http://batteredmale.blogspot.com/2007/10/police-arrest-nri-for-dowry-harassment.html

http://tinyurl.com/37a3ce
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6.14. Not only is the wife alive, the hubby is unfortunately dead !!

http://batteredmale.blogspot.com/2007/10/prison-inmate-accused-in-dowry-case.html

alternate URL http://tinyurl.com/2puvj6
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6.15. Doctors, Techies and professionals are often the targets

http://batteredmale.blogspot.com/2007/10/medical-officer-of-sskm-hospital.html

alternate URL http://tinyurl.com/3dadvb
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6.16. Children, Elders and weaker sections are the worst sufferers . Many elders have died in custody  !! Daughter in law is NOT dead !!

http://batteredmale.blogspot.com/2007/10/elderly-man-accused-in-dowry-case-dies.html

alternate URL http://tinyurl.com/36mjbk
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7. Earlier I had posted a Rajasthan High courts judgemet that said 498a IS cognizable !! AFTER THE Sushil Kumar sharma judgement


8. People are forced to get stay of arrest !! (which means arrest is envisaged / feared and so the accused seek stay of arrest)
http://tinyurl.com/3x6r49


9. So the questions are

9.1. Are all police and lawyers mislead or intentionally arresting husbands and their families ?

or

9.2. Are all the above police personnel misinformed ??

or

9.3. Is there a mis understanding in the interpretation of Mr. Sushil Kumar Sharma  / Mulkraj foundation ?



Regards
vinayak




>
>--- In saveindianfamily@yahoogroups.com,
>"Vernal Greens" <vernalGreens@...> wrote:
>
>the below was prepared by my lawyer (but this
>petition was never filed, as compromise took
>place sooner). i will try to get the annexures
>from my lawyer.
>
>It is further submitted that as regards
>allegations for torture under Section 498 A
>read with Section 34 Indian Penal Code it is
>submitted that petitioners have come to know
>that Section 498A was inserted in the Indian
>Penal Code by Act 46 of 1983 with effect from
>25.12.1983. It is submitted that the Criminal
>Law (Second Amendment) Act 1983 (No. 46 of 83)
>is enclosed alongwith as Annexure P12.
>
>Petitioners further submit that petitioners
>have come to know that the Act No. 46 of 1983
>which inserted Section 498A was repelled by Act
>No. 19 of 1988 which was notified in the
>Gazette of India on 4.4.1988 Part II which is
>enclosed alonwith as Annexure P13.
>
>Page No. 161 of the Repeling and Amending Act
>1988 shows that Act No. 46 of 1983 the Criminal
>Law Second Amendment Act 1983 the whole was
>repelled.
>
>Copy of the Repelling and the Amending Act
>1988 is enclosed alongwith as Annexure P14.
>
>>
>>On 10/12/07, sureshram56 sureshram56@... wrote:
>>
>>>
>>>""I spoke with a few public prosecutors. they
>>>know that 498A is illegal for a living woman.""
>>>
>>
>>
>>Vernal can you please check up how or under
>>provison of law?
>>
>>
>>>
>>>--- In saveindianfamily@yahoogroups.com gopelalwani@ wrote:
>>>
>>>Police can only arrest accused in case of
>>>reported "MURDER' or DOWRY DEATH".
>>>
>>>Police cannot arrest accused in case of
>>>complaint from "LIVING WOMAN"
>>>
>>>
>>>Publication:Times Of India Mumbai;
>>>Date:Oct 11, 2007;
>>>
>>>Section:Lead
>>>
>>>India; Page Number:2
>>>
>>> http://epaper.timesofindia.com/Repository/ml.asp?
>>>
>>>Ref=VE9JTS8yMDA3LzEwLzExI0FyMDAyMDM=&Mode=HTML&Locale=english-skin-custom
>>>
>>>
>>>WHAT TO DO AT A POLICE STATION
>>>
>>>MAKING THE COMPLAINT
>>>
>>>A citizen makes an oral or written complaint
>>>to the police
>>>
>>>At this point, the police can decide whether
>>>the information is credible or not and whether
>>>they need to do a preliminary enquiry (PE)
>>>
>>>If they decide on the PE, they take down the
>>>complaint informally. No document is filed and
>>>no copy is given to the complainant
>>>
>>>If the police decide to take down the
>>>complaint officially, then they must treat it
>>>as a cognisable or non cognisable offence
>>>
>>>A cognisable offence is a serious case in
>>>which the police must file an FIR and can even
>>>arrest a person without a court warrant in

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