PROTECTION FROM ARBITRARY ARREST
Even after Arnesh Kumar's Judgment there have been many cases where police is using there arbitrary powers of arrest against those ignorant about the laws.
Of Course, evryone can be knowledgeable about the laws.
Now, even more to the miseries of the innocent husbands who are suffering domestic violence in the hands of their wives there has caught up a new trend these days viz., to add sections like 307, 377 & the like.
Now see, if section-307/ 377 ot POCSO or any other false charges are pulled up against the husband then judgment of Arnesh Kumar does NOT become operative. But still ADDED TO THE IGNORANCE of my lovely husbands, they still can't be harassed in the name of
USING ARBITRARY POWERS BY POLICE.
Now see here, that, Police can NOT use arbitrary powers in case of matrimonial disputes even if some of the charges attract those sections or provisions which have maximum quantum of punishment to be more than 7 years hence non applicability of arnesh kumar judgment.
But Friends, here is the lacunae/ loohole or by whatever name you call it because here there is a strong need towards the application of the following:-
These representations form the basis of your NOISE MAKING OYSTER teling them that you are ready to fight against this Legal Terrorism.
These protection from arbitrary arrest representations must include VENGEANCE, anticipation, apprehension whatever suits best your case.
This needs to be done similarly on the lines of filing application u/s 211 IPC r/w 506 IPC r/w 511 IPC before framing of charges. If you do NOT file such counter cases before framing of charges stage then that means you are going to court just to defend without invoking your rights to defamation, perjury, etc etc etc etc 'n' number of applicable counter cases on opp party who filed false dowry laws/ false multifarious matrimonial litigations on you.
Similarly, like protection from arbitrary arrest you need to gather some lacunaes simultaneously via RTI's
A list of 13 RTI's need to be sent over a period of 3 months immediately after FIR or just after the last date at CAW (with LIFE & LIBERTY clause in each of these) so that you get good time to filing reply to the civil suits filed by them. Just denying allegations is not sufficient instead you need to learn the art of how to write a ws in a civil suit.
Thereafter, vehemently you need to argue.
Vehemently arguing does not mean that you have to shout.
It may also mean that you are writing everything in the form of written arguments & presenting it with putting all rules on place.
BAIL CANCELLATIONThis the biggest source of worry for any husband when the police i.e., state vehemently argues & tries it's every best to get your bail cancelled via BAIL CANCELLATION strategies. So if you need protection from bail cancellation strategies played by opposite parties then you need to file a series of RTI's. Those 13 RTI's as highlighted by me spanning over a period of 3-4 months will form a very good ground to gather lacunaes in a chargesheet & putting pressure on the police to present a fair charge sheet instead of just copy paste of the contents of the FIR. For this you need to ask affidavit from the police when they come to the court in 498a. If they come without affidfavit then ask the MM to return the CS for want of affidavit, Give this on-record because if the Ld MM is NOT willing to follow the rules laid down by apex court then you need to fight also against Judicial Activism, Judicial Responsibility, Judicial Accountability, Judicial Goonism, Judicial Intimidation, Judcial Vengeance or the like.
Thereafter, keep in your mind & also in writing all the other lacuneas which you gathered through RTI's. This will NOT just help you in fighting false cases, but also make your case very strong against the opposiote party. After filing perjury against police, do not forget to press the charges.
And remember one thing that these days there is a dire need to understand domestic violence against men by the judiciary which can be done only by few Indian Aashiq's of the motherland.
Maatribhoomi k bhakton jaago aur bachao apne family culture aur Indian values ki iske pehle ki foreign enemy nations get successful in breaking our families by funding feminist organizations with billions.
PURSHISH application.This Pursis, Purshis or Purshish application by whatever name you call it helps you in protection from arbitrary orders by a judge & non-recording of those statements which he did NOT do in the course of dictating orders to typist in th open court. YOU NEED TO PUSH the applications. You need to press the charges. You need to win forcefully but with humbleness.If the judge/MM/jfmc brutally assassinates your humbleness then click on the purshish button above & request the same judge/mm/JFMC to RECALL it's order simultaneously file Criminal Defamation against the said judge if he shouts on you or threatens you or intimidates you. Remember that you do NOT need sanction u/s 197 CrPC to initiate prosecution against a judge because Protection of Judges is available only to honest judges & NOT to others & such shouting/ intimidation is NOT part of his official duty & if the letter / cmplaint is forwarded to DEPARTMENT OF JUSTICE then that means you ave got DEEMED SANCTION provided to & limited to some criteria & communications which can be further found out thru RTI. RTI in this case will be very helpful because such ATR (Action Taken Report) or YES/ NO, True / False responses thru RTI from DoJ or from CJ (HC) or from Registrar Vigilance of High Court will help you in strengthening your case even further.
Best Wishes & Happy Fighting SOCIAL STIGMA on you & family !!!
Thanks & Regards