Case Achievement published in Ganga Mahima Periodical Magazine - Mar 2024 Pg.27

When section 498A became a weapon, DD Arya became the shield of the victims

Supreme Court lawyer DD Arya wrote another success story by getting anticipatory bail from Muzaffarnagar District Court for 3 people including the husband who were arrested under several sections including the dowry act.

Supreme Court advocate Devdatt Arya, who resides in Ghaziabad district, has become one of those lawyers whose ability is not limited to Delhi-NCR but is also being recognized in far-flung districts. He is becoming the hope of the hopeless and this is the reason why his counsel in the court paves the way for victory of helpless victims. Ganga Mahima has already published news about advocate D D Arya, who gets bail for victims from the court and releases them from jail. This time we present such a complicated case of Dowry Act, in which the husband and family members were very close to the bars but advocate D D Arya not only became a savior for them but also succeeded in getting anticipatory bail for three people from Muzaffarnagar District Court of UP.

Giving priority to women empowerment, governments have many schemes and laws have been made for the upliftment and protection of women. These include laws made to prevent domestic violence and dowry harassment. These laws are also important so that women are not exploited or harassed and they feel safe, but are these laws being used properly? For example, take Section 498A of the Dowry Act, the way this law has been used as a weapon in the last few years, many manageable households and families have been shattered in such a way that they are still making rounds of the court and prison. Exactly two years ago, the Supreme Court had also expressed concern about the misuse of this section of the Dowry Act. On 9 February 2022, the Supreme Court expressed concern over this and said that nowadays the provision of Section 498A of the IPC, which deals with dowry harassment, is being used as a tool to settle scores against the husband's relatives. The Supreme Court had admitted that such criminal cases in which even if there is no possibility of bail, still leave a serious stain on the accused. Such an experiment needs to be discouraged. It is also well known that while filing cases under the Age Act, exaggerated allegations are also made against the in-laws, which are not easy to counter.

A similar case related to the Dowry Act came to Supreme Court advocate D D Arya in which, in addition to Section 498A, sections 323, 504, 506, 354, 307 of the IPC and Section 3/4 of the Dowry Act were also imposed on the in-laws.

This case was of Shekhar Dahiya, son of Chaman Pal Singh, living in Bhojpur village of Ghaziabad. Shekhar's Pals had registered this case in Bana Budhana of Muzaffarnagar district. Actually, Shekhar's wife is a resident of Budhana police station area and she was married to Shekhar on 21 June 2022. The two did not last even six months of household work and the wife had accused the in-laws of demanding a car and two lakh rupees, beating her and even attempting murder. In the complaint given to the police, the wife had also accused Shekhar, her Ban and father-in-law of beating her, trying to kill her by giving a canal, and leaving her on the road in her maternal home on the night of 12 December 2022. The whole case was complicated and serious due to many sections, in such a situation, Advocate D D Arya studied it closely and after studying many famous cases of the past to get anticipatory bail granted to the victim husband and family, presented his arguments before ADJ Nishant Singla in the District Court of Muzaffarnagar. He also told that it has become clear in the investigation of the IO that the allegations made related to section 354 and 307 of IPC were false because at the time of the incident, the location of Shekhar's wife was at her maternal home, not Susan's. Advocate D D Arya also cited the case of Satendra Kumar Pantil vs CBI and others (2022) 10 SCC 51 for anticipatory bail, after reviewing which ADJ FTC-1 on 26 October 2023 approved the anticipatory bail of husband Shekhar, his wife and father in this entire case. In this way, once again, the able Supreme Court advocate D D Arya has proved that where there is a will there is a way. --- March 2024 Ganga Mahima pg.27

Interview on Bharat Top (News Channel) on Ghulam Haider Case - 18 Dec 2023

"Lawyers of India declare that only Ghulam Haider will win. @Ghulam Haider

Senior Supreme Court lawyer Dev Dutt Arya is ready to fight the case on behalf of Ghulam Haider in India. Conversation with Surya Verma and him today."

Available at: https://www.youtube.com/@TheBharattop 

Interview on Bharat Top (News Channel) on Ghulam Haider Case - 04 Dec 2023

"Ghulam Haider's lawer Dev Datt Arya and Surya Verma@1ontrending 

Senior Supreme Court lawyer Dev Datt Arya is ready to fight the case on behalf of Ghulam Haider in India. Conversation with Surya Verma and him today."

Available at: https://www.youtube.com/@TheBharattop 

Case Achievement - Muzaffarnagar Court Order - Anticipatory Bail Application under Sections 498A, 323, 504, 506, 354, 307 IPC and 3/4 DP Act

Shekhar Dahiya Vs. State of U.P 

Case Achievement published in Ganga Mahima Periodical Magazine - Aug 2022 Pg.18

 

Sanjay's release was made possible by the argument of the Supreme Court lawyer. In the court, the facts of the advocate prevailed over the arguments of Gagalhedi police of Saharanpur

"Just as the weevil gets ground along with the wheat in the mill, similarly, many times, along with the criminals, the innocent also get caught in the police action. Many such cases have been coming up from time to time in the society in which after spending a long time of their life behind bars, even if the innocent come out, time has slipped from their hands like sand. But this does not happen in all cases, some cases also become a precedent due to lawyers who are well versed in the law. The proof of this is the release of Sanjay Karnawal of Meerut. The Gagalheri police station of Saharanpur had sent Sanjay to jail in January on the charge of providing fake wrappers of famous liquor companies to liquor smugglers. The irrefutable arguments of Supreme Court advocate D D Arya got Sanjay released from the bars within five months. This is no less than a precedent.

Gagalheri police station of Saharanpur district in western Uttar Pradesh, under the campaign launched to catch illegal liquor, arrested two liquor smugglers Pradeep resident of Saharanpur and Manish resident of Shamli in a car during checking on 26 January 2022 and revealed that this gang used to prepare fake liquor by putting wrappers of famous brands and earned money by supplying that illegal liquor. Police recovered 240 Pubwe Crazy Romeo for sale in Arunachal Pradesh, 12 Orange Rasila bottles for sale in Haryana, 38 Pachche adulterated Tohfa Makarka, 50 liters of adulterated liquor, 19 empty Pubwes from the spot and seized a car and three mobiles. Along with the arrest of Pradeep and Manish, the police named and arrested four more people. These included Meenu of Shamli, Bablu of Saharanpur, Sanjay Karnawal of Meerut and Sachin of Shamli. Police station in-charge Sandeep Baliyan claimed that Sanjay Karnawal, who was arrested, used to provide fake wrappers of famous liquor companies to this gang. Whereas Sanjay, calling these allegations baseless, accused the police itself that the police is deliberately implicating him in the case, he has no connection with the liquor smugglers.

There is no connection. The police stood by their word and had sent all the accused to jail. Meanwhile, Sanjay Karnwal's family knocked the door of Saharanpur District Sessions Court for Sanjay's release. Supreme Court advocate Devdutt Arya pleaded Sanjay Karnwal's case. Since Advocate Arya had earlier pleaded many complicated and serious cases and got the accused out of jail and given them a new life, Sanjay Karnwal's family also had full faith in Advocate Arya's ability and accordingly Advocate Dev Datt Arya did a deep study of the entire case and found the ground which could make Sanjay's release easier. He investigated the police's arresting theory and Sanjay Karnwal's statements and with his arguments before the court, he put the police's working system in the dock. Advocate Arya says that the Gagalhedi police station lost its senses in its enthusiasm to expose the smuggling of illegal and fake liquor and made a person accused from whom it could not show any recovery. Sanjay Karnawal was accused of providing fake wrappers to the gang, while Sanjay Karnwal used to do it neither was he caught red handed by the police nor was any wrapper recovered from him. Sanjay Karnwal has no criminal history.

This was one of the most important facts due to which the police story appeared to be fabricated. D D Arya says that when he studied the conduct of Sanjay Karnawal, he found out that he is friendly and has no connection with the accused arrested. Advocate Arya says that when an application was filed in the Hon'ble Court for Sanjay's bail, many factual arguments were presented. The biggest argument among these was that the bail of an accused caught on the spot by the police was approved by the Hon'ble Court on 11 February 2022, while Sanjay Karnawal was behind bars despite being innocent. After considering all these points, the presiding officer Judge Ashwini Kumar Tripathi approved Sanjay Karnawal's bail on 17 May 2022. In this way, Advocate Dev Datt Arya gave life to another victim by getting him out of jail through his arguments and cross-examination." -- Ganga Mahima (August 2022) pg.18

Case Achievement published in Ganga Mahima Periodical Magazine - Sep 2021 Pg.16

 

Ghaziabad

The stain of corruption was washed away after 13 years, Principal was honorably acquitted due to irrefutable argument of lawyer

Truth may trouble you but it cannot be defeated. Even those gazetted principals have realized this, who for more than a decade bore the charges of corruption against them. Ultimately, due to the wisdom and irrefutable arguments of the lawyer, after 13 years, the charges of corruption against them were dissolved and the court ordered their acquittal. This case pertains to the State Industrial Training Institute of Firozabad district.

This is about the principal of Shikohabad, Om Prakash Kumar. In the same institution, Awadhesh Kumar Parashar, who is serving as a watchman, had accused him that the principal had unnecessarily issued two show cause notices to him and demanded a bribe of ten thousand rupees and threatened him with suspension and dismissal if he did not pay the bribe. Awadhesh also alleged that at least five thousand rupees were demanded from him. Watchman Awadhesh had complained about this to the Anti-Corruption Organization, Meerut, taking cognizance of which, on 30 August 2007, the Anti-Corruption Meerut team claimed to have arrested the principal red-handed while taking a bribe of five thousand rupees. Although the principal had been calling the allegations against him baseless from the very beginning, despite this he could not be acquitted for 13 years.

The principal's case was pleaded by advocate Dev Datt Arya. He reviewed the details of the entire case and was successful in proving in court that the principal had a personal interest.

As part of a conspiracy, he was implicated in a false case of corruption. During the cross-examination, advocate D D Arya also presented evidence that the watchman was not loyal to his duty and did not report for duty for a week, due to which the principal had issued him show cause notices. There was no transaction of any kind between the watchman and the defendant, nor was there any mutual acquaintance in the past. This entire matter was related to service and duty, so the watchman made one of his colleagues a witness and hatched the entire conspiracy and implicated the principal in the alleged corruption. During the cross-examination, advocate D D Arya questioned the watchman and the witnesses related to this case, and they revealed the true facts.

They failed to present the evidence. Finally, on completion of the hearing of the entire case in Meerut District and Sessions Court on 30 January 2021, Additional Sessions Judge Kiran Bala passed an order that the prosecution has proved its story against the accused beyond reasonable doubt.

In this entire case, everyone was victorious and the lies and conspiracy were exposed. The principal of a reputed institute was implicated in a conspiracy only because he was a disciplined person while the watchman did not like this. When the watchman was asked for date-wise information about the entire incident in the court and questions were asked, he became speechless and the entire case turned out to be a conspiracy." -Dev Datt Arya, Advocate

The accused has not been fully successful in doing so, accordingly the accused deserves to be acquitted of the charges levelled against him. Accused Om Prakash Kumar is acquitted of the charges of punishable offence under the Prevention of Corruption Act.

... then why won't the rent mafia rule in the industrial area

USIDC has been continuously issuing notices to crack down on the rent mafias who are earning money illegally by renting out the allotted plots instead of setting up industrial units in the industrial areas of Ghaziabad. The game of renting out industrial plots in the industrial area is also going on in full swing. In the previous issues, Ganga Mahima team has exposed many such industrial plots of Bulandshahr Road Industrial Area which are being sold illegally.

The allottees have given it on rent. USIDC has issued notices to many of them, yet the rent mafia does not seem to be afraid. In this industrial area, the publicity machinery is also being used openly to promote the practice of renting. For example, a rent board has been put up on plot number 229-230 in Bulandshahr Road Industrial Area and a mobile number has also been put up so that anyone can call.

By contacting on that mobile number, one can rent the plot. This is the situation when UPSIDC's East RM Smita Singh had been issuing continuous notices to plot allottees when cases of industrial plots being given on rent came to light. It is a different matter that the allottees have also become confirmed rent mafias and protect themselves in some way or the other. Smita Singh has been transferred but the rent mafias have not been completely cornered till now." -- Ganga Mahima (September 2021) Pg.16

Case Achievement published in Ganga Mahima Periodical Magazine - Sep 2017 Pg.19

 Bulandshahr

Example: If the advocate pleads correctly, justice can be obtained only from the lower courts

Date after date... Date after date Millard, this dialogue from the film Damini tells the reality of pending cases in the courts even today. Often the news of pending cases in the courts makes headlines in which it is told that not only years but decades pass in the cases from lower to higher courts and half the life of the plaintiff is spent in dates. But recently the decision of a case related to dowry murder in the lower court of Bulandshahr has proved that if the lawyer presents the case in the court in the right manner then the victims can get justice quickly. Something similar happened in this case as well. Due to the wisdom of the Supreme Court advocate, not only the victim who was in jail was released, but the court also issued an order of action against the other party for filing a false report.

Additional Sessions Judge Sudhir Kumar of the Fast Track Court of District and Sessions Court of Bulandshahr district, while giving the verdict after hearing and seeing the evidence and witnesses in a case of dowry act, accepted that the wife had committed suicide. The court ordered the release of the husband who was in jail in this case and filing a case against the father of the deceased for filing a false report. The people of the in-laws' side, who were going through a phase of mental harassment for the last two and a quarter years, got this justice from the lower court by Supreme Court advocate Dev Datt Arya. Due to the deep understanding of the advocate and presenting the case like a mirror before the court, this judicial process could be completed in a very short period. If we look at the whole case, then Jaiprakash, living in Surjawali village of Aurangabad police station of Bulandshahr, had married his daughter Sarvesh to Bhupendra, resident of Ahmedpur village of Kotwali Dehat, on 2 February 2013, according to the customs. On 22 April 2015, middleman Tejveer informed Sarvesh's family that their daughter had been strangled to death for dowry. On the complaint of Jaiprakash, the police registered a case of dowry murder against deceased Sarvesh's husband Bhupendra as well as father-in-law Vijaypal and mother-in-law Kamlesh. The police arrested Bhupendra in this case and sent him to jail.

On the other hand, the people from the in-laws' side kept saying repeatedly that they are innocent and Sarvesh had committed suicide in the house in their absence. In this entire case, the defense lawyer is Supreme Court lawyer Deva Datt Arya was the one who studied the entire case in detail and based it on the decisions of the higher courts in cases of dowry act. Even though this case was going on in the lower court, Supreme Court lawyer DD Arya prepared the ground report of the case in this way so that this case could reach its conclusion in this court. On the basis of the evidence presented and the statements of the witnesses, the court concluded that Jayaprakash had initially given wrong information to the police under the influence of others. It was also proved that Sarvesh's in-laws live in another house in the village and at the time when Sarvesh committed suicide, Bhupendra was not at home. Supreme Court advocate D. D. Arya proved in the court that the case of dowry act and murder was baseless. No pressure was exerted for dowry from the in-laws' side. The deceased Sarvesh was educated while her husband Bhupendra was illiterate, due to which Sarvesh was under stress.

She used to live in. When she committed suicide, those who had enmity with her in-laws took advantage of this and hatched a conspiracy to implicate her in litigation.

However, the efforts of Supreme Court lawyer DD Arya paid off and on 18 April 2017, the judge ordered in this case that accused Bhupendra is acquitted of Section 498A, 304B and the charge framed in the alternative under Section 302 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act and Vijaypal and Mrs. Kamlesh are acquitted of Section 498A, 302 read with Section 34 and the charge framed in the alternative under Section 304B of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act. The accused Bhupendra, Vijaypal and Mrs. Kamlesh are imprisoned in the District Jail Bulandshahr in this case. The Superintendent of District Jail Bulandshahr should be sent an order for the release of the accused that if the accused are not wanted in any other case, they should be released immediately. At the same time, the First Information Report has been lodged by Jaiprakash against the accused on the basis of false statements, hence the case should be registered against the plaintiff Jaiprakash under Section 344 Cr. P.C.

After this decision, the in-laws' trust in the law and order has increased, while the advocacy of Supreme Court advocate DD Arya has become an example that if the lawyers present the facts in the right manner, then the cases under serious sections can be settled at the very beginning. For this, the plaintiffs and the defendants will not need to knock the doors of the higher courts.

-Ganga Mahima September 2017"

Case Achievement published in Ganga Mahima Periodical Magazine - May 2014 Pg.17

 

Ghaziabad

"The kidnapping was planned by the relatives themselves

Due to the positive advocacy of the advocate, the victim got justice, the student was released safely and the conspiring aunt and another person were punished

The hatred towards women is increasing day by day

The central government has made many rules and laws to stop crime and to protect women, despite this, criminals are fearlessly involved in committing crimes, which shows that they have no fear of law in their hearts and minds. Incidents of rape are also increasing day by day. There are some cases in which a very trustworthy person is also involved, due to which the trust in relations and customs of the world is lost. Such incidents shake the soul of every person. One such case is of Kajal (name changed), who studies in class 8 in Modinagar Inter College, whose life was turned upside down by her maternal uncle and maternal aunt. We obtained detailed information about this from the advocate of the victim.

-From Dev Datt Arya.

Advocate Arya  said, According to the case, on 14 September, It was the year 2010 when Kajal left for school as usual. Everything was fine at home. Usually she used to reach home by 12:30 pm after school but on 14th September 2010 she did not return home. Kajal lived with her uncle in Modinagar. He was very worried. He asked about Kajal in his neighbourhood and among his relatives but could not get any information.

They informed the police. In this case, the police filed a missing person report on 15 September and closed the case. The twist in this case came when the victim's father went to his brother's house and searched Kajal's cupboard. He found two mobile numbers written on a copy. He took those numbers to Modinagar police station where the inspector Jasraj Singh present there called. One number was found switched off and when he called the other number, he was told that I am currently speaking from Bombay.

On getting the call details, it was found that repeated calls were made from those numbers to one number on the day of the incident. When that number was revealed, the victim's father was shocked because that number belonged to none other than Kajal's aunt. Kajal had gone to her aunt's house in August 2010.

She had gone to stay at home. The victim returned home after a few days. She had returned. The police did not investigate the victim's aunt's number even though it was in the call details. When the victim did not see any hope of justice in this case, she sought the help of the court, where a case was registered under the sections of kidnapping. After that the police started looking for the kidnapper. On 28 August, Kajal was recovered from Ajay alias Lala at Modinagar railway station. The police got Pooja medically examined and handed her over to her family. The police, while collecting evidence, arrested Pooja in February. In this case, both Lala and Pooja were calling themselves innocent, but the victim's side was saying that the accused was innocent.

Advocate D.D. Arya fought and presented some evidence and arguments which forced the court to think. Dev Datt Arya said that the accused Lala conspired with the victim's aunt and raped her on the pretext of marriage and made her pregnant. Kajal had become the mother of a child while being a minor. On the basis of the arguments presented by Advocate Dev Datt Arya, the court convicted Lala.

Life imprisonment with hard labour and Rs. 26,000, He was sentenced to a fine of Rs. 10,000 and for hatching the conspiracy, his aunt Pooja was sentenced to two years rigorous imprisonment and a fine of Rs. 3,000.

- May 2014 Ganga Mahima pg.17"

Case Highlight published in Ganga Mahima Periodical Magazine - Feb 2014 Pg.17

"Noida: District Judge of Gautam Buddha Nagar set an example

Instant transfer of the peon who takes money in lieu of date of hearing.

"Even if people get justice after many years due to dates being fixed in the courts, but if we talk about corruption in the court premises, now there is a PL judge who seems serious about the dignity of the court. All that is needed is to send such a complaint to him. Yes, on one such verbal complaint, Judge Sahia of Gautam Buddh Nagar set an example by transferring the bribe-taking peon with immediate effect.

The District Judge transferred the peon on the basis of a mere verbal complaint of corruption in Gautam Budh Nagar Court. The District Judge took the peon's complaint seriously and as a result, the plaintiff was transferred to the District Judge.

I was convinced that the person was honest. Vijay Saxena's case number 364/2013 regarding his plot is pending in Noida Court. A complaint was made to the district judge that the peon was demanding Rs. 100 from the party Vijay on every date. On receiving the complaint, District Judge Sahiba Gautam Buddh Nagar sent the peon to the record room. The plaintiff also made a written complaint regarding this to the District Judge later through the registry. On January 03, 2014, Vijay Saxena's land related case was going on in the civil court.

When the peon asked Vijay Saxena for money in exchange for an advance date of hearing, Saxena's lawyer Dev Datt Arya was with him. Who is also a Supreme Court advocate. The peon insisted on taking Rs. 100 in exchange for giving an advance date. Saxena due to compulsion he agreed to give 50 rupees to the peon. A dying man will do anything, Fulfilling this saying, he kept quiet thinking that it was for his own good. The lawyer found the amount of Rs. 50 less and said that he would not work for less money in future. Majboor Saxena paid Rs. 100 and got an advance date on 24 February 2014. 

The lawyer did not like all this. Together with Vijay Saxena the editor of Ganga Mahima Ashok Sharma a complaint was made to the District Magistrate with the intention of putting an end to the corruption being done by the Peshkar, on which she took immediate action and transferred the Peshkar to the record room with immediate effect. People who witnessed this incident discussed that getting immediate results after filing a complaint will increase people's faith in the law."  -Ashank Shama

Ganga Mahima's editor Ashok Sharma along with Vijay Satyasena made a complaint to the district judge with the intention of putting an end to the corruption being done by the peon, but taking prompt action, she transferred the peon to the record room with immediate effect." 

Case Achievement of disputed Property of Church - Shamli Muzzaffarnagar, UP

"The ongoing dispute regarding the property of the controversial discussion is cancelled

Shamli. The additional district judge has dismissed the ongoing dispute regarding the property of the disputed church. It is known that Rajkumar and Jaikumar, residents of Alam, had filed a monitoring appeal in the Additional District Judge Court and made 9 people, including Maryam, resident of Mohalla Malukshah and secretary of the executive board of the Methodist Church located in Shamli, as defendants. Due to which the property of the church was handed over to Maryam's husband Pastor Francis of the Methodist organization for life. After the death of Pastor Francis Singh, 'Jacob Butliram' working in the organization made a Will in the name of Vijay Pal.

After Vijaypal's death, his younger brother Saint Rajpal transferred the church land to Jaipal and Rajkumar. There was a dispute going on in the court regarding the ownership of the church land. Advocate Dev Datt Arya was pleading the case on behalf of Maryam. Additional Civil Judge Senior Division gave the verdict in favour of Maryam on 31st July. Additional District Judge Muzaffarnagar Lukmanul Haq rejected the appeal of civil monitoring after hearing the arguments. After which, Rajkumar and Jaikumar's ownership rights on this property have ended.

Additional District Judge dismissed the appeal."