We are dowry Law victims.
To
The Commissioner of Police
MUMBAI
Dear sir,
Please find herewith copy of the presentation made by me to the
consulate of India in US at New york which is self explanatory.
This is for your Information and Investigation of Nagpada Mumbai
Police station, if found fit.
The respondent US citizens against whom allegations are made and non bailable arrest warrants have been obtained by Nagpada Police are prepared
and ready to make themselves available to law enforcing machinery for arrest after the necessary permission from Ministry of External Affairs is duly
obtained by the concerned authorities as required by section 188 of Criminal Procedure code of India.
THE PROSECUTION IN THE FIRST VERSION OF THE STORY
has obtained non-bailable warrants of arrest on the basis; that the Informer / complainant (.FIR No.405/02 dated 31.12. 2002.) was married in India on
17. 11.2001. That her Husband was in India up to 02.12.2002 and did not
take complainant along with him as the issue of visa to the wife was taking long time at US consulate. Therefore the complainant/Informer decided to
go to America latter on, as prospective wife,
That complainant fraudulently obtained US visa as prospective wife instead
of married wife after 4 days on 06.12.2002 and left for America on 09.12.2002. There she was treated badly and therefore the accused were liable for prosecution under section 498(A), 406 etc.
There are two witnesses, one being her mother and second her servant testifying the evidence of her marriage in India on 17.11.2001.
There is no documentary evidence of any kind such as marriage certificate,
memorandum of marriage, registration of marriage, announcement,i
invitation cards or the certificate from the institution where marriage took
place to show that marriage took place in India on 17.11.2001.
As against above false FIR there is voluminous documentary evidence that
the complainant was engaged to be married to US citizen on July 08, 2001,
and applied for US visa on July 12, 2001. She was called for interview by
US consulate and was granted travel visa on December 2001. She left
India on December 09, 2001 and applied for marriage licence at wood bridge county court. She got married on February 13, 2001 in the swearing in
ceremony before the Judge according to New Jersey USA laws and received
"Marriage Certificate" Subsequently applied for Green Card and "Work Permit".
There is no evidence documentary or otherwise or witness to the rest of the
contents of FIR. Nor there is any investigation report attached to final
charge sheet submitted by Nagpada police station to the Mazgaon court
where the prosecution is pending.
(a) SUBSEQUENTLY IN THE SECOND VERSION OF THE STORY
after the arrest of two members of the family, the Nagpada Police
has informed the court on 29- 06- 2003 that complainant/informer
got married in India in February 2002 and during her 15 days stay
in India, she was subjected to harassment's and demands.
1.THE SECOND VERSION OF THE PROSECUTION IS NOT
SUPPORTED BY ANY COMPLAINT/INFORMATION OR
ANY WITNESS OR ANY KIND OF FIR REGISTERED BY
NAGPADA POLICE STATION.
2.THE TWO MEMBERS OF THE FAMILY WHO WERE
ARRESTED AND JAILED IN RESPECT OF FIRST VERSION
OF THE STORY AS MADE OUT IN THE SAID FIR DATED
31.12.2002 WERE RELEASED ON BAIL ON THE BASIS OF
SUBSEQUENT SECOND VERSION OF THE STORY
INVENTED BY THE PROSECUTION SAYING
THAT THE COMPLAINANT GOT MARRIED IN FEBRUARY
2002
. 3.THEREFORE THE PROSECUTION IS BAD IN LAW AS
THE ORIGINAL AND PRIMARY PROSECUTION UNDER WHICH
ACCUSED WERE ARRESTED HAS BEEN REPLACED WITH
SECONDARY AND ABSURD PROSECUTION.
THE PROSECUTION IS BAD IN LAW AS THE PROCEEDING
HAVE TWO DIFFERENT STORIES.
(b) IN THE FIRST VERSION OF THE FIR THE NAGPADA POLICE
SAYS THAT THE COMPLAINANT / INFORMER OBTAINED USA
IMMIGRATION VISA FRAUDULENTLY FROM US CONSULATE
ON DECEMBER 06, 2001 AND LEFT INDIA FOR AMERICA
ON DECEMBER 09, 2001 AND RETURNED TO INDIA ON
JUNE 28, 2002
(c) HOW THEN THE COMPLAINANT COULD BE IN USA AS WELL
AS IN INDIA DURING FEBRUARY 2002 AND GET MARRIED IN
INDIA AND SUFFERS HARASSMENT'S AND DEMANDS.
(d) THE PENDING PROSECUTION IS BASED ON THE FIRST
VERSION OF THE FIR OR THE SECOND VERSION OF THE
FIR IS NEEDED TO BE CLARIFIED AND LEGALISED.
(e) THE NON-BAILABLE ARREST WARRANTS PENDING AGAINST
REMAINING THREE MEMBERS OF THE US CITIZENS FAMILY
ARE BASED ON THE PRIMARY FIR FOR WHICH COURT
ISSUED NON BAILABLE WARRANTS.
(f) THE PROCESS NEED TO BE UP-DATED WITH THE
SUBSEQUENT AND SECONDARY PROSECUTION
BEFORE OBTAINING REQUIRED PERMISSION FROM
MINISTRY OF EXTERNAL AFFAIRS AS REQUIRED BY LAW.
(g ) Passport number has not been entered as required in
F.I.R.in spite of the fact the complainant was holding
Indian Passport.
Complainant did not produce her passport for verification
or revealed Passport number as the Inspection of the Passport
would have rendered her complaint and F.I.R false and fraudulent.
Police also did not bring passport and visa into the evidence in
collusion with the complainant in spite of the reference in the
complaint .
The allegation attributed to US citizen respondents alleged to have taken place in US one year ago and reported in the FIR registered by Nagpada
police on 31.12. 2002 and charged under section 498A were never made
in the divorce proceedings in US family Divorce court.
The complainant who is highly educated woman, and herself a Law attorney has not explained as to why she did not report the alleged offences to US
police, when she was in US, but found necessary to report the alleged
offences to Indian police after one year .
The complainant did not disclose in the F.I.R registered by Nagpada
Police Station that the Divorce proceedings were going on against
her in US Court and she had filed her Response in September 2002
asking for Rs. one crore as alimony alternatively restoration of
conjugal rights.
Complainant returned to India in June 2002 from US and lodged complaint in December 2002. The delay in lodging the complaint is not explained any where.
Complainant had also sought assistance of "abused women's" organisation in
US in her divorce matter, but the organisation's lawyer withdrew as soon as
it became clear that her defence was based on Blackmail and Extortion.
Complainant has not made any alleged offences to the US women's organisation' This is clear evidence of manipulation of Indian legal and justices system .
The F.I.R No.405/02 dated 31-12-2002 completed and registered by
the Assistant Police Inspector is a criminal conspiracy ,criminal
intimidation and framing of incorrect records and writings by Public
Servant. This offence is punishable under section 218, 506 and
120 B Indian Penal Code
Thanking you,
Yours sincerely.
Gope Lalwani
To:
Consulate General of India
New york NY 1002
Dear Sir,
I have the honour to submit that under the advise from
Mr. J.C. Goel ( Under secretary-NRI ) Ministry of External
Affairs, New Delhi, the following submissions are made by
me, for your kind consideration and suitable action.
I am U.S.A. citizen of Indian origin .I am 77 years old and retired.
I used to visit India regularly every year and stay for 3 to 4 months
for spiritual, religious and charitable work. Therefore I obtained
multiple visit visa.
For the past 3 years, I have been prevented to enter India.
My mother expired 2 year ago I could not go for funeral.
I have multiple visit visa No: G 908919 issued on 03-10-2001 for 10
years issued at Indian consulate New York.
The visa has been rendered useless by a corrupt policeman who has
filed a false criminal case against my son and obtained non bailable
arrest warrants against entire family of US citizens, for the alleged
offences committed by US citizens in USA. No offence has been
alleged to have taken place within the jurisdiction within India in the
said prosecution.
No attempt was made to inform the accused about the case nor they
were ordered to surrender. No intimation was sent to accused family
regarding pending arrest warrants in spite of complete address is
furnished in recorded false complaint.
My wife accompanied by my son were arrested unaware on June 30,
2003 at Mumbai airport while returning to US,
She was on short visit to meet her ailing 92 years old mother.
They were jailed in Police lock up for two days. They got the bail and
received their US Passports and returned to US after 15 days of agony
at the hand of the corrupted police.
The allegations attributed to me are that:
"He came to stay at his son's residence in US.
During those 5 days stay he had telephoned to the complainant's
father in India to say that,"Come and take away your daughter".
The Non-bailable Arrest Warrants have been issued against me,
I have been declared proclaimed offender and put on look-out- list
at the Airports.
My property in Mumbai was searched without search warrants to
humiliate me and my family's name by the concerned assistant
police Inspector who has managed this drama and game plan.
The property was searched in spite of the fact that no offence
has been alleged to have taken place at the said premises in the
said FIR. The atrocities matted out by the Police are nonparallel
and the ignominy suffered by me and my family at the hands of
Indian law enforcing machinery can not be wiped out for years to
come.
The allegations attributed to my younger son who is also US Citizen
alleges that, "during complainant's stay in US she was teased by
him as such subjected her to mental cruelty".
The Indian honourable Court has issued Non-bailable Arrest Warrants
against him and declared him proclaimed offender for the said alleged
offence. He is listed on Look Out Card at Indian airports.
His Multiple Entry 10 Years Visa remains useless, unusable and
waste. Sovereign visa issuing powers of the Indian Mission remain
abused and humbled by the machinations of their corrupt law
enforcers at home.
Similarly the allegations attributed to my married daughter also US
Citizen is that, "During her one of the week-end visits to her mother
in parental home she took away her mangalsutra at the behest of
US Police Officer".
She has also been declared proclaimed offender and listed on
look-out-list for arrest at Indian Airports. Thus she is also prevented
from visiting her near and dear one in India.
She otherwise visited India almost every year.
Mockery of Indian Legal and Judicial system and sell out can not be
disputed.in view of above available evidence.
The false prosecution has been started with the active collusion and collaboration of the corrupt law enforcing machinery and there is
enough documentary evidence on record. The prosecution has submitted
TWO stories to the court.
In the FIRST version of the story it is alleged that the complainant married
to the accused on November 17, 2001 and obtained non- bailable arrest
warrants.
While in the SECOND version of the story the police has told to the court
that the complainant married to the accused in February 2002 in India....
while she was actually in US according to FIR registered by the police.
The criminal proceedings have been launched under Indian Dowry
Prohibition Act under which the competent authority to deal with such
matters is designated as "Dowry Prohibition Officers".Even Commissioner
of Police has no authority to deal with Dowry complaints.
"Dowry Prohibition Officers" have to look into the complaints and
thoroughly investigate and justify the prosecution of accused .
Duly designated "Dowry Prohibition Officers" after full Investigation
have to hand over the case to police for the prosecution.
The "Dowry Prohibition Officers" designated to investigate the allegations
before recommending prosecution by police must not be below the rank of Deputy superintendent of police.
In this matter a assistant police Inspector has abused all the legal
authorities designated by the legislation and registered the criminal
case and launched prosecution without any enquiry and investigation.
The complainant in this matter was married in US to my son who is
US citizen. She lived in US and was divorced in US at supreme court
New Jersey. The court has named complainant as Blackmailer and
Extortionist on court records.
The marriage and the divorce including the allegations in
this matter are subject to US legal Jurisdiction. Nothing in this matter
happened within the Jurisdiction and territory in India.
The Courts in India have no jurisdiction at all to proceed and prosecute
foreign nationals for the offences allegedly committed in their own country.
Indian courts are not the International Court of Justice.
The conduct of law enforcing machinery in India, in this matter is most irresponsible and undesirable.
(1) Under Article 226 of Constitution of India, the Prosecution has No
Jurisdiction to even investigate the alleged offences even if True.
(2) Under section 177 of criminal procedure code 1973 of India;
No part of cause of action arose within the jurisdiction of the court
where the complaint was filed and Non-bailable arrest warrants were
obtained against entire family of US citizens without any investigation
or evidence and arrest warrants executed.
The entire proceedings have no foundation, and this is the question
of law regarding lack of Jurisdiction.
(3) Section 188 states that courts in India can not take cognisance
of any offence against foreign national without "Previous approval
of central government ministry of External Affairs".
There is also no evidence that any attempt is made to obtain approval
or any attempt made, to inform to higher authorities so far as required
by law.
Even higher authorities in police department of government of
Maharashtra are not informed about arrest of foreign nationals.
(4) Under Section 406 of Indian Penal Code 1860 the alleged acts which
took place beyond the territory of India, even if assumed to be correct
does not make out the case to proceed against the accused.
An FIR can only be filed in the court of concerned area to who's
jurisdiction the offence has occurred.
(5) Under Section 482 of India's Criminal Procedure Code 1973, the
courts in India has no jurisdiction to entertain the complaint even if
allegation there in are accepted in Toto.
(6) Domicile is the key to matrimonial proceedings.
This was held by the bench of Bombay High Court, comprising
Justices S.B. Mhase and Dilip Bhosle.
They held that, "Domicile is essential condition for both the bride
and groom were domiciled in India at the time of
their marriage being solemnised in India"
They also held that, "Even if one of the spouse is not domiciled in
India at the time of alleged marriage even if
assumed that marriage took place in India,
the proceedings in India are bad in Law.
(7) The obligations under Article 36 of Vienna consular Convention
Treaty of which India is signatory were also not honoured after
arrest and confiscation of passports of foreign nationals by the
Mumbai police authorities.
(8) None of the offences shown in FIR registered by Police were
committed within the jurisdiction of the said Police Station.
The FIR clearly indicates that the alleged offences took place
in New York USA.
The FIR does not disclose Prima-Facie offence taking place within
the jurisdiction of India.
This is the fit matter for Ministry of Home Affairs, Ministry of External
Affairs and Overseas Indian Affairs to immediately investigate the abuse
of Section 188 of Indian Criminal Procedure Code 1973 by law enforcing machinery in this matter.
The matter relates to FIR No. 405/02 dated 31.12.2002 registered at
Nagpada Police Station Mumbai.
The matter is pending under Case No.631/P/2003 at 15th court
Mazgaon Mumbai.
The complainant is Ms. Lavina Kripalani,
12/36 9th floor, Navjeevan Society
Lamington Road Mumbai 400008.
Tele; 309 7241
The complainant has since two years has migrated to
Dubai UAE and working with Gulf Agency Co;(Dubai) LLC
having mobile phone no. 971 50 454 2918.
She never attends court dates nor she has returned to
India, and she is trying to obtain US green Card to
settle in US.
The complainants Indian Passport No.B 3821001
Issued on 17/09/2001 at Mumbai obtained for
travel to US for marrying to US Citizen and endorsed
US Visa (K-1) has not been entered in FIR in spite of
mandatory clause in the FIR. This has been done with
the connivance of the assistant Inspector who registered
the FIR and obtained Non Bailable Arrest Warrants
against US citizens.
The production of Indian Passport on record would have
made the entire Exercise of filing false complaint a Fraud
at the registering level of FIR. The fraud in use of Indian
Passport is clear.
The statement made by the complainant and recorded in
the FIR says that the complainant obtained US Visa
FRAUDULENTLY as unmarried woman although she was
married. Thus this is second Misuse of Indian Passport
Liable to be withdrawn.
I shall be grateful to hear from you as to what to do with the said
multiple visa paid and purchased by me, which has been negated
and made useless and powerless without any caution and care by
the corrupt law enforcing machinery in this matter.
Your kind advice in this matter shall be highly appreciated.
Thanking you
With regards.
Yours sincerely
Gope Lalwani.
gopelalwani@yahoo.co.in
.
The Commissioner of Police
MUMBAI
Dear sir,
Please find herewith copy of the presentation made by me to the
consulate of India in US at New york which is self explanatory.
This is for your Information and Investigation of Nagpada Mumbai
Police station, if found fit.
The respondent US citizens against whom allegations are made and non bailable arrest warrants have been obtained by Nagpada Police are prepared
and ready to make themselves available to law enforcing machinery for arrest after the necessary permission from Ministry of External Affairs is duly
obtained by the concerned authorities as required by section 188 of Criminal Procedure code of India.
THE PROSECUTION IN THE FIRST VERSION OF THE STORY
has obtained non-bailable warrants of arrest on the basis; that the Informer / complainant (.FIR No.405/02 dated 31.12. 2002.) was married in India on
17. 11.2001. That her Husband was in India up to 02.12.2002 and did not
take complainant along with him as the issue of visa to the wife was taking long time at US consulate. Therefore the complainant/Informer decided to
go to America latter on, as prospective wife,
That complainant fraudulently obtained US visa as prospective wife instead
of married wife after 4 days on 06.12.2002 and left for America on 09.12.2002. There she was treated badly and therefore the accused were liable for prosecution under section 498(A), 406 etc.
There are two witnesses, one being her mother and second her servant testifying the evidence of her marriage in India on 17.11.2001.
There is no documentary evidence of any kind such as marriage certificate,
memorandum of marriage, registration of marriage, announcement,i
invitation cards or the certificate from the institution where marriage took
place to show that marriage took place in India on 17.11.2001.
As against above false FIR there is voluminous documentary evidence that
the complainant was engaged to be married to US citizen on July 08, 2001,
and applied for US visa on July 12, 2001. She was called for interview by
US consulate and was granted travel visa on December 2001. She left
India on December 09, 2001 and applied for marriage licence at wood bridge county court. She got married on February 13, 2001 in the swearing in
ceremony before the Judge according to New Jersey USA laws and received
"Marriage Certificate" Subsequently applied for Green Card and "Work Permit".
There is no evidence documentary or otherwise or witness to the rest of the
contents of FIR. Nor there is any investigation report attached to final
charge sheet submitted by Nagpada police station to the Mazgaon court
where the prosecution is pending.
(a) SUBSEQUENTLY IN THE SECOND VERSION OF THE STORY
after the arrest of two members of the family, the Nagpada Police
has informed the court on 29- 06- 2003 that complainant/informer
got married in India in February 2002 and during her 15 days stay
in India, she was subjected to harassment's and demands.
1.THE SECOND VERSION OF THE PROSECUTION IS NOT
SUPPORTED BY ANY COMPLAINT/INFORMATION OR
ANY WITNESS OR ANY KIND OF FIR REGISTERED BY
NAGPADA POLICE STATION.
2.THE TWO MEMBERS OF THE FAMILY WHO WERE
ARRESTED AND JAILED IN RESPECT OF FIRST VERSION
OF THE STORY AS MADE OUT IN THE SAID FIR DATED
31.12.2002 WERE RELEASED ON BAIL ON THE BASIS OF
SUBSEQUENT SECOND VERSION OF THE STORY
INVENTED BY THE PROSECUTION SAYING
THAT THE COMPLAINANT GOT MARRIED IN FEBRUARY
2002
. 3.THEREFORE THE PROSECUTION IS BAD IN LAW AS
THE ORIGINAL AND PRIMARY PROSECUTION UNDER WHICH
ACCUSED WERE ARRESTED HAS BEEN REPLACED WITH
SECONDARY AND ABSURD PROSECUTION.
THE PROSECUTION IS BAD IN LAW AS THE PROCEEDING
HAVE TWO DIFFERENT STORIES.
(b) IN THE FIRST VERSION OF THE FIR THE NAGPADA POLICE
SAYS THAT THE COMPLAINANT / INFORMER OBTAINED USA
IMMIGRATION VISA FRAUDULENTLY FROM US CONSULATE
ON DECEMBER 06, 2001 AND LEFT INDIA FOR AMERICA
ON DECEMBER 09, 2001 AND RETURNED TO INDIA ON
JUNE 28, 2002
(c) HOW THEN THE COMPLAINANT COULD BE IN USA AS WELL
AS IN INDIA DURING FEBRUARY 2002 AND GET MARRIED IN
INDIA AND SUFFERS HARASSMENT'S AND DEMANDS.
(d) THE PENDING PROSECUTION IS BASED ON THE FIRST
VERSION OF THE FIR OR THE SECOND VERSION OF THE
FIR IS NEEDED TO BE CLARIFIED AND LEGALISED.
(e) THE NON-BAILABLE ARREST WARRANTS PENDING AGAINST
REMAINING THREE MEMBERS OF THE US CITIZENS FAMILY
ARE BASED ON THE PRIMARY FIR FOR WHICH COURT
ISSUED NON BAILABLE WARRANTS.
(f) THE PROCESS NEED TO BE UP-DATED WITH THE
SUBSEQUENT AND SECONDARY PROSECUTION
BEFORE OBTAINING REQUIRED PERMISSION FROM
MINISTRY OF EXTERNAL AFFAIRS AS REQUIRED BY LAW.
(g ) Passport number has not been entered as required in
F.I.R.in spite of the fact the complainant was holding
Indian Passport.
Complainant did not produce her passport for verification
or revealed Passport number as the Inspection of the Passport
would have rendered her complaint and F.I.R false and fraudulent.
Police also did not bring passport and visa into the evidence in
collusion with the complainant in spite of the reference in the
complaint .
The allegation attributed to US citizen respondents alleged to have taken place in US one year ago and reported in the FIR registered by Nagpada
police on 31.12. 2002 and charged under section 498A were never made
in the divorce proceedings in US family Divorce court.
The complainant who is highly educated woman, and herself a Law attorney has not explained as to why she did not report the alleged offences to US
police, when she was in US, but found necessary to report the alleged
offences to Indian police after one year .
The complainant did not disclose in the F.I.R registered by Nagpada
Police Station that the Divorce proceedings were going on against
her in US Court and she had filed her Response in September 2002
asking for Rs. one crore as alimony alternatively restoration of
conjugal rights.
Complainant returned to India in June 2002 from US and lodged complaint in December 2002. The delay in lodging the complaint is not explained any where.
Complainant had also sought assistance of "abused women's" organisation in
US in her divorce matter, but the organisation's lawyer withdrew as soon as
it became clear that her defence was based on Blackmail and Extortion.
Complainant has not made any alleged offences to the US women's organisation' This is clear evidence of manipulation of Indian legal and justices system .
The F.I.R No.405/02 dated 31-12-2002 completed and registered by
the Assistant Police Inspector is a criminal conspiracy ,criminal
intimidation and framing of incorrect records and writings by Public
Servant. This offence is punishable under section 218, 506 and
120 B Indian Penal Code
Thanking you,
Yours sincerely.
Gope Lalwani
To:
Consulate General of India
New york NY 1002
Dear Sir,
I have the honour to submit that under the advise from
Mr. J.C. Goel ( Under secretary-NRI ) Ministry of External
Affairs, New Delhi, the following submissions are made by
me, for your kind consideration and suitable action.
I am U.S.A. citizen of Indian origin .I am 77 years old and retired.
I used to visit India regularly every year and stay for 3 to 4 months
for spiritual, religious and charitable work. Therefore I obtained
multiple visit visa.
For the past 3 years, I have been prevented to enter India.
My mother expired 2 year ago I could not go for funeral.
I have multiple visit visa No: G 908919 issued on 03-10-2001 for 10
years issued at Indian consulate New York.
The visa has been rendered useless by a corrupt policeman who has
filed a false criminal case against my son and obtained non bailable
arrest warrants against entire family of US citizens, for the alleged
offences committed by US citizens in USA. No offence has been
alleged to have taken place within the jurisdiction within India in the
said prosecution.
No attempt was made to inform the accused about the case nor they
were ordered to surrender. No intimation was sent to accused family
regarding pending arrest warrants in spite of complete address is
furnished in recorded false complaint.
My wife accompanied by my son were arrested unaware on June 30,
2003 at Mumbai airport while returning to US,
She was on short visit to meet her ailing 92 years old mother.
They were jailed in Police lock up for two days. They got the bail and
received their US Passports and returned to US after 15 days of agony
at the hand of the corrupted police.
The allegations attributed to me are that:
"He came to stay at his son's residence in US.
During those 5 days stay he had telephoned to the complainant's
father in India to say that,"Come and take away your daughter".
The Non-bailable Arrest Warrants have been issued against me,
I have been declared proclaimed offender and put on look-out- list
at the Airports.
My property in Mumbai was searched without search warrants to
humiliate me and my family's name by the concerned assistant
police Inspector who has managed this drama and game plan.
The property was searched in spite of the fact that no offence
has been alleged to have taken place at the said premises in the
said FIR. The atrocities matted out by the Police are nonparallel
and the ignominy suffered by me and my family at the hands of
Indian law enforcing machinery can not be wiped out for years to
come.
The allegations attributed to my younger son who is also US Citizen
alleges that, "during complainant's stay in US she was teased by
him as such subjected her to mental cruelty".
The Indian honourable Court has issued Non-bailable Arrest Warrants
against him and declared him proclaimed offender for the said alleged
offence. He is listed on Look Out Card at Indian airports.
His Multiple Entry 10 Years Visa remains useless, unusable and
waste. Sovereign visa issuing powers of the Indian Mission remain
abused and humbled by the machinations of their corrupt law
enforcers at home.
Similarly the allegations attributed to my married daughter also US
Citizen is that, "During her one of the week-end visits to her mother
in parental home she took away her mangalsutra at the behest of
US Police Officer".
She has also been declared proclaimed offender and listed on
look-out-list for arrest at Indian Airports. Thus she is also prevented
from visiting her near and dear one in India.
She otherwise visited India almost every year.
Mockery of Indian Legal and Judicial system and sell out can not be
disputed.in view of above available evidence.
The false prosecution has been started with the active collusion and collaboration of the corrupt law enforcing machinery and there is
enough documentary evidence on record. The prosecution has submitted
TWO stories to the court.
In the FIRST version of the story it is alleged that the complainant married
to the accused on November 17, 2001 and obtained non- bailable arrest
warrants.
While in the SECOND version of the story the police has told to the court
that the complainant married to the accused in February 2002 in India....
while she was actually in US according to FIR registered by the police.
The criminal proceedings have been launched under Indian Dowry
Prohibition Act under which the competent authority to deal with such
matters is designated as "Dowry Prohibition Officers".Even Commissioner
of Police has no authority to deal with Dowry complaints.
"Dowry Prohibition Officers" have to look into the complaints and
thoroughly investigate and justify the prosecution of accused .
Duly designated "Dowry Prohibition Officers" after full Investigation
have to hand over the case to police for the prosecution.
The "Dowry Prohibition Officers" designated to investigate the allegations
before recommending prosecution by police must not be below the rank of Deputy superintendent of police.
In this matter a assistant police Inspector has abused all the legal
authorities designated by the legislation and registered the criminal
case and launched prosecution without any enquiry and investigation.
The complainant in this matter was married in US to my son who is
US citizen. She lived in US and was divorced in US at supreme court
New Jersey. The court has named complainant as Blackmailer and
Extortionist on court records.
The marriage and the divorce including the allegations in
this matter are subject to US legal Jurisdiction. Nothing in this matter
happened within the Jurisdiction and territory in India.
The Courts in India have no jurisdiction at all to proceed and prosecute
foreign nationals for the offences allegedly committed in their own country.
Indian courts are not the International Court of Justice.
The conduct of law enforcing machinery in India, in this matter is most irresponsible and undesirable.
(1) Under Article 226 of Constitution of India, the Prosecution has No
Jurisdiction to even investigate the alleged offences even if True.
(2) Under section 177 of criminal procedure code 1973 of India;
No part of cause of action arose within the jurisdiction of the court
where the complaint was filed and Non-bailable arrest warrants were
obtained against entire family of US citizens without any investigation
or evidence and arrest warrants executed.
The entire proceedings have no foundation, and this is the question
of law regarding lack of Jurisdiction.
(3) Section 188 states that courts in India can not take cognisance
of any offence against foreign national without "Previous approval
of central government ministry of External Affairs".
There is also no evidence that any attempt is made to obtain approval
or any attempt made, to inform to higher authorities so far as required
by law.
Even higher authorities in police department of government of
Maharashtra are not informed about arrest of foreign nationals.
(4) Under Section 406 of Indian Penal Code 1860 the alleged acts which
took place beyond the territory of India, even if assumed to be correct
does not make out the case to proceed against the accused.
An FIR can only be filed in the court of concerned area to who's
jurisdiction the offence has occurred.
(5) Under Section 482 of India's Criminal Procedure Code 1973, the
courts in India has no jurisdiction to entertain the complaint even if
allegation there in are accepted in Toto.
(6) Domicile is the key to matrimonial proceedings.
This was held by the bench of Bombay High Court, comprising
Justices S.B. Mhase and Dilip Bhosle.
They held that, "Domicile is essential condition for both the bride
and groom were domiciled in India at the time of
their marriage being solemnised in India"
They also held that, "Even if one of the spouse is not domiciled in
India at the time of alleged marriage even if
assumed that marriage took place in India,
the proceedings in India are bad in Law.
(7) The obligations under Article 36 of Vienna consular Convention
Treaty of which India is signatory were also not honoured after
arrest and confiscation of passports of foreign nationals by the
Mumbai police authorities.
(8) None of the offences shown in FIR registered by Police were
committed within the jurisdiction of the said Police Station.
The FIR clearly indicates that the alleged offences took place
in New York USA.
The FIR does not disclose Prima-Facie offence taking place within
the jurisdiction of India.
This is the fit matter for Ministry of Home Affairs, Ministry of External
Affairs and Overseas Indian Affairs to immediately investigate the abuse
of Section 188 of Indian Criminal Procedure Code 1973 by law enforcing machinery in this matter.
The matter relates to FIR No. 405/02 dated 31.12.2002 registered at
Nagpada Police Station Mumbai.
The matter is pending under Case No.631/P/2003 at 15th court
Mazgaon Mumbai.
The complainant is Ms. Lavina Kripalani,
12/36 9th floor, Navjeevan Society
Lamington Road Mumbai 400008.
Tele; 309 7241
The complainant has since two years has migrated to
Dubai UAE and working with Gulf Agency Co;(Dubai) LLC
having mobile phone no. 971 50 454 2918.
She never attends court dates nor she has returned to
India, and she is trying to obtain US green Card to
settle in US.
The complainants Indian Passport No.B 3821001
Issued on 17/09/2001 at Mumbai obtained for
travel to US for marrying to US Citizen and endorsed
US Visa (K-1) has not been entered in FIR in spite of
mandatory clause in the FIR. This has been done with
the connivance of the assistant Inspector who registered
the FIR and obtained Non Bailable Arrest Warrants
against US citizens.
The production of Indian Passport on record would have
made the entire Exercise of filing false complaint a Fraud
at the registering level of FIR. The fraud in use of Indian
Passport is clear.
The statement made by the complainant and recorded in
the FIR says that the complainant obtained US Visa
FRAUDULENTLY as unmarried woman although she was
married. Thus this is second Misuse of Indian Passport
Liable to be withdrawn.
I shall be grateful to hear from you as to what to do with the said
multiple visa paid and purchased by me, which has been negated
and made useless and powerless without any caution and care by
the corrupt law enforcing machinery in this matter.
Your kind advice in this matter shall be highly appreciated.
Thanking you
With regards.
Yours sincerely
Gope Lalwani.
gopelalwani@yahoo.co.in
.
posted by gopelalwani at 7:41 AM
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