Section 498A I.P.C._DUAL_PENAL_LAW

1.                Section 498A OF Indian Penal Code (IPC) makes the options

based upon PRESET natural  physical DEAD OR LIVING condition of a wife as pre-approved by Parliament vide Crl. Amendment Act no.46/1983 that created section 498A IPC and the procedures related to it: There were 7 sections of the said Act 46/1983 covering CrPC - IPC - Indian Evidence Act (IEA). They cannot be seen in isolation.

 

2.    HIGHLIGHT: No magistrate has power to abuse his

position by ordering u/s. 156(3) of Cr. P. C. a police station officer to register a cognizable case (F.I.R.) to illegally favour a living wife because this special law with dual application of cognizable and non-cognizable offence provisions set by statute cannot be amended by any magistrate or judge in any manner. The criminal procedure code has to be followed strictly. The purpose of a statute is held important by SC. See Schedule “T” accompanying this at the end as part of this.

 

3.    1st. due procedure established under law, as per statute  Ss. 198A CrPC and 113A IEA – 498A IPC is and was FIRST dowry death penal law. So only on death of wife the police can make it cognizable in which section 113A of presumption  in Indian Evidence Act  comes to indicate use of 498A IPC as dowry death of wife  being a cognizable offence through Police Officer. 

                 Important: Judiciary to note - Dowry death u/s. 304B Cr.P.C.  is confined to only suicide death.

 

4.      2^nd. due procedure established under same law  – Wife etc.  can only make complaint i.e. with affidavit to Magistrate in case of cruelty allegations  against husband or his family members.

 

4A.     Complaint is defined in section 2(d) of the Code of Criminal

           Procedure that reads as –

“2. Definitions. *** (d) “complaint” means any allegations made orally or in writing to a Magistrate  with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.” Unquote.

 

5.    3^rd.   UNDUE procedure not-Established by Law - None passed by parliament . Police Officer and Magistrate/Judge cannot treat or "select by choice" the cognizable route through Police Officer making 498A IPC case of living wife without s.113A IEA coming into picture because of dowry death of wife.

 

6.    Above mentioned 3^rd.  procedure is illegal because singularly or collectively police officer and any Judge cannot create any other procedure because the Parliament intentions are clear in the set of sections in Crl Act No.46/1983 that the statute is intended for being acted either through first due procedure or second due procedure mentioned above in relation to sec 198A CrPC read with s.113A IEAct created for implementation of section 498A IPC.  

 

6(a) Procedure for living wives are being illegally followed by police officers because those are not reined by Magistrates (Judges) when police officer registers FIR u/s 498A IPC for living wife as cognizable offence. 

 

6(b) Thus making the 2nd. Due process inoperative at the

wish of police officer and/or magistrate (Judge) by

conspirating, abetting to promote ulterior motives

for alien purposes of wives and her paramour if any as per circumstances in each case.    

 

6(c) Such act of police officer and judiciary is not only shameless corruption by abuse of authority by police officer or judges or both when a living wife is allowed to abuse criminal process and the justice delivery is tricked to name it as u/s 498A IPC though such  or with deliberate consent of judges / magistrates to promote and follow 3^rd. illegal procedure illegally in practice by corrupt magistrates/judges.

            The 3^rd. illegal Procedure for 498A IPC  is not permitted by law even then it is being used openly showing judicial terrorism to suppress human rights as well as basic guaranteed fundamental rights of husband and his female relatives of any age for making extortion of choice by wives by forcing husbands illegally to give divorce etc. under fear of abuse of criminal process.     

           Making wives to be enticed by her accomplices and/or relatives for  destruction of family ties with present husband and her marital duties with aid of State's illegal terrorism and Judicial terrorism by organized permitting such 3rd. undue procedure used for 498A IPC ignoring legislative purposes in s.198A Cr.P.C. and S. 113A of Indian Evidence Act (IEA). 

 

6(d) Any wrong by one or more judges or all judges and/or police officer. cannot justify legality of the 3^rd. illegal procedure because it is intentional product of corrupt mind / inefficient mind with malafide intentions for achieving ulterior motives and retaining corruption in judiciary through dictatorship and abuse of judicial powers.

Based upon: citations of Supreme Court of India  amongst others 

i.                   Noorjahan Vs. State through DSP  

              Citation:  2008 AIR 231 / 2008(6)SCR903 / 2008(II)SCC55/2008(6)SCALE423/ 2008(6)JT220 rules in Para 8, 9, 12 about section 498A, 113A, (113B is misprint in judgment), that 498A IPC  is the dual cruelty offence law for (1) dowry death and (2) cruelty.

 

ii.                   Using a wrong platform for making complaint to Police Officer by living wife and avoiding, under abetment of police officer, to not complain to magistrate for making allegations supported with her affidavit is by itself proof of abuse of criminal process by wives for ulterior motives for alien purposes for which statutes were not enacted.

 

iii.                 When any judge (Presiding Officer) at JMFC level or at revision level or appeal level in District Courts or High Courts do   not reject/dismiss the 3rd. undue procedure not established by law, such judges creates illegal judicial terrorism to destroy homes by deliberately disobeying procedure in statute for 498A IPC. Thus also deliberately violating Internationally accepted Fundamental Human Rights of life with respect and pride as well as fundamental rights are also infringed of husband and his female relatives like grandmother, sisters and niece etc. in organized disobedience of statute for crime by police officers/government, judges with wives against humanity and  violation of Constitutional rights.

 

          iv.   Using 498A IPC for false allegations is abuse of criminal

process for ulterior motives for alien purposes which is punishable under existing laws as said organized authorities cannot be pardoned such open organized crimes.

 

v.  By applying the 3^rd illegal procedure, the said third illegal procedure violates ruling of SC as well as  judges are deliberately to not punish wives when it come to their knowledge about third illegal procedure being deliberately followed by ignoring deliberately procedure established in statute for living wives for their genuine allegations as complaint to magistrate.

 

vi. As per SC rulings from time to time abuse of criminal process like of 498A IPC has to be punished under existing laws and by not punishing such wives because they are abetted by police officer under patronage of magistrates and judges. Judges cannot behave corruptly as dictators for any purpose including to get favours from government or superior judges for their such act of illegalities.

 

7.  Thus it is illegal terrorism created by authorities that has to be ended. There should be no glorification of illegal terrorism

which is always illegal only. 

 

8. This 498A IPC under objects of Act No.46/1983  was the first dowry death law.

 

9.       This is special law that cannot be used  at drop of the hat and needs no change in law except the change in the mind of  police officer and magistrate/judge  working as per intention of legislation -  Crl Act No.46/1983 within its frame work. It is also mentionable that special law inserted in penal law cannot be used with any other penal law etc. as the malafide intention is to abuse s.155(4) of CRPC and is sufficient further additional proof of (illegal) terrorism at cost of public money by police officer(s) and/or judicial magistrate and judges  who do not stop such illegal procedure for living women(wives).

 

 

 

Issued on 14 August 2009 in Public and Judicial Interests.

Issued by Legal Department of Mulkhraj World Foundation

Delhi 92     Email: mulakhrajworldfoundation@gmail.com

 

WP/05A/9 dt. 14.08.2009