VOL.

3

MULKHRAJ WORLD FOUNDATION
(NON-GOVERNMENT ORGANIZATION) P. B. No. 9306, DELHI 110092 INDIA

SPECIAL LAW 498A I.P.C. willful Dowry Cruelty Allegation = 1. Cruelty | OR | 2. Dowry Death
WHY GOLDEN RULE 's NEED FOR 498A IPC
The use of 498A IPC by authority(ies) by reading in part and/or in isolation to each other of the provisions in the Criminal (Amendment) ACt No. 46 of 1983: Result thereof is seen that the ideal literal / grammatical meaning is not followed that is causing terrorism leading to extortion from husband side by the living wife as the authority concerned relishes to work in disobedience of law by pretending to work in obedience of section 498A IPC.

Such disobedience of law relating to 498A IPC for living woman, by public servant habituated to work repeatedly in disobedience of law made for proceeding in 498A IPC, is causing innocent people with no criminal record are put / threatened to be put into criminal record even women related to husband at behest of his wife having her ulterior motives. Additionally repeated disobedience being not punished

under section 166 of the I.P.C. does not give the public servant a license to repeat the disobedience again and again.

Since the police officer and any authority do not like to act as per grammatical meaning of the Statute (Crl. Act.46/1983) relating to 498A IPC that has caused attraction to living women (wife) to rush to police officer. Such route in disobedience of law by wife and for wife, is the only theoretical crime that is increasing or cruelty blown out of proportion before unauthorized authority in case of section 498A IPC so as to intend to be used by police officer for creating completely false allegation for her ulterior motives because of the power of police relating to criminal case "made as cognizable case" at the potter's wheel rotated by a stick by potter (Police unbridled using section 155(4) of Cr.P.C. with aim to fabricate case for using the Cognizable (dowry death) part of 498A IPC for LIVING WOMAN (Wife) acting as if wife is dead, for ulterior motives.

SECTION 498A IPC: INTENDS THAT MAGISTRATE SHALL CONSIDER THE "COMPLAINT" OF REALLY BATTERED WIFE BY CRUELTY of husband or his relatives and she shall make her complaint i.e. to magistrate (see Section 198A read with S.2(d) of CrPC). WOMEN(WIFE) HAS TO PRIMA FACIE PROVE TO THE MAGISTRATE EXISTENCE OF CRUELTY in her complaint. IF MAGISTRATE TAKES COGNIZANCE,

PROCESS WILL BE ISSUED by court. THE PERSONS ACCUSED BY LIVING WOMEN THUS ARE ENTITLED TO GET BAIL in FAMILY MATTER. 498A IPC is therefore bailable in hands of magistrate, after and if , he takes cognizance based upon preliminary witnesses of woman (wife) on the complaint of the wife.

RESULT of working as per intention of Parliament for S.498AIPC (Crl.Amendment Act No.46 of 1983) THAT POSITIVE RESULT OF TAKING BACK THE WOMAN INTO FAMILY by HUSBAND CAN BE POSSIBLE. The present system DESTROYS matrimonial homes as it is a deliberate path taken by woman(wife) for ulterior motives for unlawful gains with illegal aid by way of abusing criminal process (disobedience of 498A IPC relating to living woman) at cost of public money through authority(ies).

The Supreme Court of India's Judgment in U.O.I. & Or. Vs. Raja Mohammed Amir Mohammed Khan in 2005 ( 2005 AIR SCW 5303) : SC directives stringently require that public authorities do not put unnecessary burden upon Courts e.g. by placing before Court, frivolous, false cases: applicable for 498A IPC-Living Woman cases being 'fabricated' by police officer in disobedience of law to harm husband under pretence of 498A IPC(suicide death part though woman is living) for attempting destroying the family to attempt or get extortions of different kinds by living woman (Wife). From said Raja Mohammed case we quote relevant directive from the Supreme Court's said landmark judgment reported in 2005 AIR SCW 5303 Quoted from Judgment of Supreme Court of India -

judgment delivered on 21 Oct 2005 by Ashok Bhan, Altamas Kabir JJ.-

"Unfortunately a dangerous attitude resulting in doing institution damage is developing, that the justice is required to be done only in the Courts. This attitude is betrayal of Constitution as well as laws. Every and any authority working under the statute has to discharge its duties in a just manner otherwise people will lose faith in the governance."

Said directives of the SC in 2005 AIR SCW 5303 is not finding respect with the Government (public servants) as noticed from the present 60,000 (Sixty Thousand) annually (2006) fake F.I.R.s fabricated using 498A IPC for living woman(wife) in gross disobedience of law (498A IPC - Living woman). Neither the directives to punish person found abusing criminal process, is being punished under the existing law despite such directives of the Supreme Court of India in 2005(5)SCC281.

So to suppress the mischief, Golden Rule is used to halt the mischievous procedure that is causing absurdity, hardship etc. to cause injustice in 498A IPC (Living wife). Thus make the intention of Parliament operative in Crl(Amendment) Act No. 46 of 1983 by following Golden Rule for law. The said statute was not made for extortion and/or used as instrument to operate for breaking matrimonial homes and it wasnot made for taking away lives of old parents and/or grandparents who could not bear

ignominy and cannot bear false allegations as unleashed as state police case for illegally helping the wife to make extortions to the extents as far as it was possible.

Presently police officer in deliberate disobedience of criminal procedures legislated for S. 498A IPC illegally conducts himself to treat both "states" of woman (wife)- whether dead or alive subjected to dowry cruelty u/s.498A IPC, fit for registering F.I.R. (Cognizable) in disobedience of the qualifying clause for 498A IPC. Such registering of F.I.R. (in case of living woman 498A IPC) is also a disobedience of SC directions of judgment of Supreme Court of India in Sushilkumar Sharma Vs. U.O.I. & Ors. reported in 2005(6)SCC281/2005AIR-SCW3569 to not to treat both offences (a) Cruelty(harassment) OR (b) dowry death of living woman (wife) as same kind of offence u/s. 498A IPC by applying straitjacket formula upon alleged "cruelty" i.e. as "Cognizable Offence". Thus straitjacket formula cannot be applied to treat both (living wife or dead wife) having force of same gravity of alleged offence of cruelty for "using" 498A IPC (living woman side). Section 498A IPC cannot be used as LUXURY for convenience of living woman and police illegally.

Despite Cruelty upon women, she remains alive (non-cognizable offence u/s. 498A IPC) OR such cruelty to women that leads her to suicide (Dowry death/Death/Suicide) - both are not same level of alleged offences. (Construed from SC Judgment of 19July2005 read with Statute named Criminal Amendment Act No. 46 of 1983).

So all police officers who treat both "dead OR living" woman victim of same kind and same gravity of offence of "cognizable" offence i.e. cognizable offence are working in DISOBEYANCE OF THE LAW WITH INTENTION TO CAUSE INJURY TO HUSBAND AND HIS RELATIVES INCLUDING HIS MOTHER, SISTER AND ALSO HIS WIFE BY ENTICING HER WITH "Government Agency(ies)" ORGANIZED COURAGE TO DISOBEY LAW RELATING TO SECTION 498A IPC IN ANTICIPATION OF THAT NONE IN THE GOVERNMENT WOULD CHALLENGE THEM FOR REASONS BETTER KNOWN TO THEM (disobeying public servant). The police officers takes shelter (excuse) of

magistrates not objecting does not justify police to treat it as a license to disobey as their duties are distinctly different responsibility(ies) and are bound by their duty(ies) and is/are answerable too for any disobedience of law if they continue deliberately disobeying the procedures laid for section 498A IPC.

In case section 498A IPC by itself is not applicable as cognizable offence against husband and his relatives on information from Living woman(wife), it is of no concern for the police officer to find out ways to fabricate false F.I.R. by adding other penal provisions with aim to instil fear of being prosecuted - in minds of the innocents on husband side or in the alternative "pay" and "act" in accordance with demands of the LIVING wife through such illegal process not sanctioned by Crl. Act No. 46 of 1983.

If public servant deliberately disobeys the law e.g. 498A IPC and finds other means to frame innocent husband or his relatives in manner other than as provided in the law i.e. like bloodhound, he attracts stringent instant action under section 166 IPC against himself. The departmental head/s as person who over-looks the disobedience is/are also a party to disobedience of law.

[

166 of Indian Penal Code (IPC) reads as follows:

CHAPTER IX - OF OFFENCES

BY OR RELATING TO PUBLIC SERVANTS

161 TO 165A. [Repealed by the prevention of Corruption Act, 1988 (49 of 1988 ), sec31.]

166. Public servant disobeying law, with intent to cause injury to any person. - Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend for a term which may extend to one year, or with fine, or with both. ]

SEPTEMBER, 18, 2007

-

Vol. 1: Basics + SC on 498A IPC http://mulakhrajworldfoundation.googlepages.com/home