benign498aipc2 - mrwfoundationindia

Vol.2

MULKHRAJ WORLD FOUNDATION

P. B. No. 9306, DELHI 110092 INDIA

TF: +919891780147 Email: mrwfoundation@gmail.com

Supreme Court Assures: Section 498A IPC is Benign

Criminal (Amendment) Act No. 46 of 1983 and

Judge Made Laws in Supreme Court of India's Judgment delivered on

19 July05

in Sushil kumar Sharma V. U.O.I. & Ors. - Reported in 2005(6)SCC281

All Authorities are to follow the Statute properly.

Disobedience attracts also Section 166 of I.P.C.

We Quote Dr. Kiran Bedi:

"Policing has the 'power to correct' the 'power to do' and the 'power to get things done'..."

PRESIDENT, MULKHRAJ WORLD FOUNDATION :

KINDLY UNDERSTAND AND FOLLOW PROCEDURE FOR SECTION 498A IPC WITH NEUTRAL MIND / UNBIASED MIND TO WORK IN AID OF SUPREME COURT OF INDIA - ARTICLE 144 OF OUR

CONSTITUTION OF INDIA.

All News MEDIA are authorized and permitted to publish only in full in public interest. Part Publication is not permitted to anyone. All website may be quoted completely only by husband side. This series of website is universally authorized to be Quoted in complete by husband side.

Unauthorised publication by others not permitted.

Please also see : http://mrwfoundationindia.googlepages.com/home

1. PART ONE

Special Law 498A of Indian Penal Code (IPC) applicable for willful dowry cruelty
Allegation =

1. Cruelty |Or| 2. Dowry Death

198A Cr.P.C.

19JUL05 – 2005(6)SCC281

Dowry Cruelty |Or| Dowry Death

are not to be treated as

same and One kind of offence allegations

u/s. 498A IPC.

PART Two:

Penal Code (IPC) applicable for willful dowry cruelty
Allegation =

1. Cruelty |Or| 2. Dowry Death

GOLDEN RULE APPPLIED FOR section 498A IPC BY

SUPREME COURT OF INDIA AS JUDGE MADE LAW in its Judgment

reported in 2005(6)SCC281 in Sushil Kumar Sharma Vs. U.O.I. & Ors.

based upon the Intention of Legislature (Parliament)

in Statutes including Criminal (Amendment) Act No.46 of 1983

that lays how concerned authority is to conduct himself

in matter of cruelty to living womand OR

alternatively in case of suicide of wife by said cruelty in 498A IPC

Refer to Section 198A Cr.P.C. + Section 2(d) of

Cr.P.C + Cr.P.C’s sub-clause No.4

(Qualifying clause)

to 498A in First Schedule:

1. After Dowry Death of wife

(police report part)

– FIR by Aggrieved

2. Complaint to Magistrate by LIVING wife (As Private Complaint)

PART THREE:

MULKHRAJ WORLD FOUNDATION
mulakhrajworldfoundation@gmail.com
498A willful dowry cruelty
Allegation =

1. Cruelty Or 2. Dowry Death

•Presently apparently leading to following at cost of public money to benefit of

Living Wife:-

• - Extortions in different kinds, forms for ruining matrimonial family home and

life threatening to innocents being dragged with criminal allegations against

person including mother, sister(s) of husband as well as marring

prospects of unmarried sisters of husband and intending to ruin matrimonial

homes of married sisters who are also woman, by funding from public

money unlawfully by disobeying the "alternative" procedures in given

Criminal (Amendment) Act No. 46/1983 by Parliament for two kinds of

different offences i.e. one for cruelty to living women(wife) or in case of

dowry death of living women (wife).

Directions given in Statute are to be obeyed obediently in the manner

as directed therein, and in no other manner. The Supreme Court

on 19 July 2005 has ruled in its judgment in SushilkumarSharma Vs.

Union of India and Ors. that dowry death and cruelty cannot be

treated same kind of offence. No straitjacket formula is applicable

for dowry death and cruelty i.e. to not to treat both as COGNIZABLE

Offence. (2005(6)SCC281).

• Illegally forced mutual consent divorce in violation of conditions laid for

mutual consent divorce in Hindu Marriage Act 1955, is being also used

for extortion from husband side.

• Scope for immorality based powerful lusty corruption as well as scope for

corruptions of money has to be restrained in practice instead of the

Supreme Court of India's directive be on paper in the judgments of the

Supreme Court. The Civil and judicial authorities not performing their

duties under Articles 141 and 144 of the Constitution of India. They are

bound to work in acordance with the directives in a statute, otherwise

the directives (carry intention of Parliament) would not have been there in

the statute.

• No question of reconciliation after and if living woman (wife) is abetted

at cost of public money and attempts extortions after putting husband side

behind bars illegally initiated at cost of public funds through public authority(ies)

working in disobedience of procedures given in Crl.(Amendment) Act No.

46 of 1983 for 498A IPC created vide section 2 of foresaid Act.

Family is destroyed at cost of public money used by criminal intentioned

Cartel includes the wife and her parents.

• At least three females suffer in same family marring National

Development (mother, sister and wife of husband. Wife enticed and allured

with surity of favouring her at cost of disobedience of law).

• And Old parents and grand parents suffer. Death Caused because

of ignominy of crime not done by husband and his relatives.

•Willfulness in Cruelty not considered by authorities.

• Parliament did not Intend to make law for the above purposes

(in Crl. Act 46/1983.)

• Parliament's Intentions was

1. For Preventing dowry death. Alternately

• 2. For Prevent Cruelty to wife.

Presently till 15 Sept 2007 Contrarily •Organized Crime by Group / Cartel

at cost of Public Money.

PART FOUR:

MULKHRAJ WORLD FOUNDATION
mulakhrajworldfoundation@gmail.com
498A willful dowry cruelty
Allegation =

1. Cruelty |Or| 2. Dowry Death

•

Foresaid ulterior motives are corrected by applying Golden Rule

to the Statutes so that intention of Parliament (Legislature) is

implemented.

Statute has to be read Complete and not in part. Primary intention

of 498A IPC legilsation is for preventing dowry death on one side

and on the other side to prevent Cruelty upon living woman(wife). Crl. Act No. 46/1983 legislated as follows:-

Section 2: that Inserts section 498A in Indian Penal Code;

•Section 3: that pertains to add certain words in Cr. P. C.’s Section

174(Police to inquire and report suicide etc.) limited to police to

inquire and report about wife’s suicide or death which a

cognizable offence requiring Police Report to be given to Magistrate.

•

Section 4: Adds to Section 176 of Cr.P.C. (Inquiry by Magistrate into

cause of death) in relation to section 3 of 46/83 related to

sec. 174(3) Cr.P.C.;

• Section 5: Adds (inserts) section 198A into Cr.P.C. laying two

different types of offences’ procedures i.e. Cognizable

(dowry death) in which the police report is to be filed in court

i.e. by police officer; and in case of Complaint (case) for cruelty

the wife has to file complaint (before magistrate) that

is a Non-cognizable Offence allegations. NB: Kindly see

2005(6)SCC281 in which judge made law is clear for

section 498A IPC that offences allegations of dowry death and

cruelty cannot be treated as same. AT present both types

of offence allegations are continued to be treated as same i.e

Cognizable. NB: National Commission For Women (NCW) wants

sec.198A Cr.P.C. to be omitted with malafide intentions and

has recommended so to hinder National Development.

•

Section6: Lays the related Qualifying clause in Cr. P.C.’s

First Schedule sub-clause to 498A.

NB: NCW with malafide intention wants to replace Qualifying Clause

in First Schedule of Cr.P.C. (498A IPC) with one word

“Cognizable” to destroy matrimonial home despite

women (wife) remains alive.

NCW wants to enhance the punishment to 10years instead of

3years for crimes like of those section 323, 504, 506 IPC are

covered in section 498A IPC for cruelty.

Section 7 : Section 113A of Evidence Act is for presuming dowry suicide.

Inserts Procedural Sec.113A to Indian Evidence Act in 498A IPC..

PART - FIVE

MULKHRAJ WORLD FOUNDATION
mulakhrajworldfoundation@gmail.com
498A willful dowry cruelty
Allegation =

1. Cruelty |Or| 2. Dowry Death

Golden Rule stands for following the intention of the Parliament in

Crl. (Amendment) Act No. 46 of 1983.

•

Golden Rule’s application shall put an end to abuse of criminal process by

police, because police officer is barred (498A IPC-NonCognizable Part)

by making a new policy. The Police Station cannot use Cognizable

"procedure" for cruelty to destroy homes in name of protecting living woman.

It will make National Development at fast pace because of increased

happy matrimonial homes.

•

Golden Rule (498A IPC matters) shall make the police authority to work

in aid of the Supreme Court under article 144 of the Constitution by

implementing the true spirit of the statute as well as judge made laws.

•

Golden Rule shall do away with indiscriminate arrest of women

related to husband despite Supreme Court’s directives that even

in Cognizable offence arrest cannot be made unless necessary.

•

Golden Rule shall Save all matrimonial homes in India that are being

destroyed by concerned authorities working contrary to the intention

of the Parliament by not logically following the statute created

by Criminal (Amendment) Act No. 46 of 1983 as well as by not applying

real grammatical Rule literally by not reading statute in FULL or say by not

considering in FULL the Crl. (Amendment) Act No. 46/1983 that contains the

intention of the Statute for section 498A IPC. The statute has to be read

in full and not in part to understand the intention of the Parliament's legislation.

•

GOLDEN RULE: The intention of statutes regarding the alternate two procedures (procedural roads) to be adopted are laid in the Crl.

Act No. 46/1983. 498A IPC has two separate distinguishing purposes for

*cruelty or dowry death.

The former offence (cruelty) allegation is to be made by a

*Complaint (to Magistrate) as private complaint case by wife and the

latter (suicide/death) offence to be proceeded as State Case through

F.I.R. i.e. when Police Report u/s. 173 Cr.P.C. is to be given under

a cognizable offence, as part of duty of police limited in this special law.

Duty Of MM/JMFC under the section 498A IPC is limited to his

ownself for taking cognizance or not as per material available on record

before him.

Police Officer cannot go beyond the special law 498A IPC's provision

for taking information in case of suicide etc. by woman(wife).

Governor Tejendra Khanna Chief Executive of the Delhi Government

(Police Department) has issued direction(s) recently to punish under sec.

166 I.P.C. such public servant disobeying law with intent to cause injury

to any person. Thus order is applicable if law regarding 498A IPC is

disobeyed by making living woman's non-cognizable 498A IPC as cognizable

by disobeying the direction of the law in Crl. Act No.46 of 1983, by

treating living wife and non-living(suicide) woman at par for the offence.

[ Section 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. ]

If the SPECIAL LAW under section 498A IPC is considered as not

applicable as per ingredients that do not constitute cognizable offence

u/s. 498A IPC against husband side even then section 498A IPC is

added to F.I.R. for ulterior motives, it deliberate disobedience of law.

Thus intention of organized criminal intentioned "Cartel" is malafide

because the police officer blends 498A IPC with some other penal sections

to terrorize husband and his relatives to enable police officer

qualifying to submit police report as Cognizable though wife is alive.

Such illegal Police Report (containg 498A IPC) remains unchallenged by the magistrate for living woman(wife). Police Report is thus created in disobedience of

special law 498A IPC with ulterior motives. Though the concerned Magistrate

has to receive complaint from living wife directly.

Such act/s is/are clear act/s in violation / in deliberate disobedience of

Statute and Supreme Court's judgment relating to 498A IPC that prohibits

showing thirst for proceeding against husband side by abusing criminal

process for getting the husband side terrorized for being punished under

state sponsored (public money financed) illegal terrorism under the

pretence of working under legality though working in disobedience of law .

The complaint of a living wife to magistrate when made, then as per requirement of High Court Rules thecomplaint is to be supported with her affidavit. She has to prima facie satisfy the bonafides of her complaint.

Thus such ab-initio police officer is working as bloodhound and in disobedience

of Supreme Court of India's judgment delivered on 19 July 2005 reported

in 2005(6)SCC281 as well as in disobedience of Supreme Court

of India's Judgments in Raja Mohammed case -2005 AIR SCW 5303.

Such act also attracts section 166 of IPC as per circumstances.

In the same judgment of Supreme Court of India (2005(6)SCC281),

stringent punishment is directed to be given to person found abusing

criminal process for ulterior motives i.e. for purposes (intentions) other than for

which the legislation Crl. (Amendment) Act No. 46 of 1983* was made.

It is disobedience of law when the police officer does not register F.I.R. under section 3 of the Dowry Prohibition Act 1961 against the wife and her parents etc. who accept to have given dowry.

NEW DELHI 18SEPTEMBER2007

* http://mrwfoundationindia.googlepages.com/mulkhrajworldfoundation

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

Vol. 2: Basics of Dual Alternate procedure for living woman and dead woman explained as per crl. Act

No. 46 of 1983. http://mrwfoundationindia.googlepages.com/benign498aipc2

Vol. 3. Why Need of Golden Rule’s application i.e. to implement the intention of Parliament in their

legislation named Criminal (Amendment) Act No. 498A IPC –

http://mrwfoundationindia.googlepages.com/home

Vol. F1: (Legal References before Check List) -

http://mrwfoundationindia.googlepages.com/checklist

Ethical 1: (Ethical duty of legal fraternity, Crl.(Amendment Aact No.46/1983) –

http://mrwfoundationindia.googlepages.com/mulkhrajworldfoundation