Tagged: 498A and 323
- This topic has 13 replies, 1 voice, and was last updated 12 years, 5 months ago by Anonymous.
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14/04/2012 at 5:52 AM #621AnonymousGuest
I got married on 10-Feb-2010 arrenged, and we blessed with a baby boy on 25th-Dec-2010, since marrige we(My wife and I) are living in mumbai. My wife and I had some littile arguments in some issues, but On 16th-feb-2012 we had a fight (first time i slappend once only), after our fight she called to her father and her elder sister that she doesn’t want to live with me and I have beaten her a lot.
My father in law(lives in Bihar) who is a govt. veterinary doctor has some contacts through that he called to the mumbai police, police came in my house and asked to my wife (infront of me) that she wants to file complaint againts me or not. she tols she will ask to her father, she called her father and told to police officer that yes she wants to file a complaint. police told me to took her police station, I took her police station and she did NC againts me that I have beaten a lot. after that my father in law told to police that ask me to book a flight ticket and send her to her parents home. I booked the flight ticket mumbai-Patna and she went her parents home on 17th of feb with my kid.
after this incident they were calling a lot and abused, harrashed me and my parents a lot. and one of our family mediator informed me that they made a false medical cerificate from a govt doctor to file a case.I submitted one application about the incident to police station here in mumbai on 22-Feb-2012.
Yesterday at 12.15 noon, I got a call from Mohaniya Police staion that my wife has filled dowry harrasment(498A and 323) case on 4th-Mar-2012 againts Me,My Parents, my sister and her husband, he was telling me that come here and get the bail otherwise we will come to mumbai and arrest you.
After this call I called to a lawyer (who lives in Mughalsarai near to mohaniya) and given the number and name of that police wala, and asked him to inquire abt the FIR.
He called me back and infomed me that its true that FIR has been registered, and he is going to take the copy of that leagally. then we proceed further.
My questions
1)My parents lives in chattisgarh and my sister live in bihar, how she can file a case againts them?
2)FIR has been done on 4-Mar-2012 then why police has called me yesterday after 1 and half month?
3)Why police has called me directly why they are not informing to the local police station in mumbai, is that valid, and why they asked to get bail?
4)Should I go there and surrender my self?
5)Can I file a coplaint againts my wife that FIR is flase, if yes then which place Mohaniya or mumbai?
Please advise what to do next?
Thanks in advance..
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15/04/2012 at 6:57 AM #3378AnonymousGuest
I have been misguided by some lawyers, please help me what to do next?
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16/04/2012 at 4:13 AM #3379AnonymousGuest
somebuddy saying that I can go for Quash the FIR. because the incident happned in mumbai and FIR has been registerd in Bihar. if any one can help me?
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16/04/2012 at 5:50 AM #3380AnonymousGuest
ramesh,
its a story of all of here in this forum. so dont worry and dont panic. get habituated with this. first and most important thing which you have to do is to keep your and your family’s mind cool. accept the fact and face it.
1) she can complain against anybody anywhere in world. she must have shown some incident where all these come together either alone or in group.. its specialty of this act that anyone can come anywhere and without any reason..
2) police can take any time to register a case. they may say that they were investigating the case. so dont worry.
3) generally police dont call to local police in such cases. you r not hard n fast criminal for which they need help of local police.
4) try to get CR no of your 498 case from the police station where it is lodged and try for interim bail.
5) first think of getting yourself out from police hand.get bail or you will be in jail. dont go to police station without interim bail.contact your local SIFE members and get good lawyer to do next action. right now dont think of filing any case against her..
hope you get this…
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16/04/2012 at 7:04 AM #3381AnonymousGuest
based on jurisdiction you can file to quash FIR; other police station cannt call you, they have to get approval from your police station most of the time women cell police call….
Meet police and show them that your sister/mother never stayed with your wife, ask them to make correct enquiry.
never say incidents happend anywhere.
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16/04/2012 at 1:46 PM #3382AnonymousGuest
Thanks for the reply,
My brother in law went to the court and managed to get the CR number, tommarow he is going to take the FIR copy leagally. should I got for AB or regular bail, one of the my friend says that AB will get rejected for you and your parents in case of 498a. meanwhile if police will call or come to arrest me what should I do?
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16/04/2012 at 2:12 PM #3383AnonymousGuest
Please let me know what is interim bail, how can I get this?
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18/04/2012 at 2:35 AM #3384AnonymousGuest
I talked to local lawyer their, he is saying that we will put 2 aaplication of AB one for my realtives and seprate one for me.
for me the notice will send to my wife too, and on perticular date we both bave been asked to apper in court for my bail.
and their the hon. judge will ask whether we want to live together or not, if any one refuse then AB will got rejected, then we have to apply bail in HC.
My question is i dont want to take her back, but if judge ask me then what should I answer?
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18/04/2012 at 2:35 AM #3385AnonymousGuest
To ADMIN : would it be possible to change my memebr name?
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18/04/2012 at 7:16 AM #3386AnonymousGuest
If there is an apprehension of arrest move before Honorable Court for Anticipatory bail & get protection.
http://www.jaihindlegal.com M-9821387099
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18/04/2012 at 8:57 AM #3387AnonymousGuest
you can change yourself in your profile i think.
but where is your name ?
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18/04/2012 at 4:25 PM #3388AnonymousGuest
I have changed my profile after my query thanks.
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07/05/2012 at 3:53 PM #3389AnonymousGuest
Dear rajesh,
You told you that you have to appear in court for getting AB. Look since you are the prime accuse there are less chances of granting AB from lower court. So you try to get AB from HC.
Your lawyer is simply making you foolish, you get a good competent lawyer, and why judge will ask u to take back ur wife.
If judge ask u to do so then ask him that if your daughter in law has done a false 498a on your son and family and you are moving here and there will u accept her?????????
I am a victim of false 498a and has got AB for me and my family members. Look rajesh. ” Your first priority will be to get AB for your family” and plzz plzz get a good top criminal lawyer.
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22/05/2012 at 11:02 AM #3390AnonymousGuest
Dear Rajesh
If you have not filed ab till now. do not file ab. file 205 (to be represented by the lawyer) i have done same. my 205 is in sc as patna hc rejected. i hope by the end of july i will get.
parwez
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