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Sufferer of 498 (Officer)     20 December 2011

Process after the io submits chargesheet.

My wife of 2 months has filed 498A, 406 and 34 agiast 8 people, including our neighbours, the IO is constantly asking us to submit the jwellery that she has claimed as streedhan, but since none of us got AB, we cannot submit the same, the IO is constantly threatning us that he'ss submit the chargesheet, we are i nthe process of getting AB.

If the IO submits chargesheet now, will the AB stand invalid?do we have to go in the process of regular bail in that case?

PLease help us as we have very limited knowledge of this 498A act, untill my MIL started threatning us of it, we have never been to police station before this, my old father suffers from hypertension and irrithmia due to these false allegation and the pressure created from brides family, is suffers from cronic insomnia for past 2 months, he constantly fear that i'll have to go to remand and stay there for 3 months and my career will go down in drain (i am a software engineer, i lost my job 2 days back as i was continously absent from my duties due to this issue).

My wife and her family has led us into a economical and social mess.

PLease tell me what else we have to go through once the IO submits the Charge Sheet.



Learning

 7 Replies

Sanjeev (Lawyer)     20 December 2011

You are getting tensed do not worry about these things chargesheet is not filed so early it takes time and do not make any impact.

You concentrate on your AB and decide further action once there is some decision on AB. Do not panic the more you talk to IO or the more questions you ask on future that how the cases work will make you more tense. Your lawyer would guide you well think further action after AB decision.


(Guest)

Please do not panic..nothing will happen...trust me..

Please understand 498A is a Cognizable (Police officer can act without the order of the magistrate) and non-bailable (Once there is an FIR, the accused has to be arrested and sent to jail..till the time there is regular bail).

DO NOT PANIC BY HEARING THE TERM "JAIL"..SINCE YOU DO NOT KNOW...I TELLING YOU THE FACTS..

Once there is an FIR, with the above mentioned sections, police will not ask anything...they will reach your home and arrest you first..and then jewellery comes later... After you are arrested..

The chargesheet is the report of the investigation, which the police conducts after you are arrested...so since you are not arrested as yet, the investigation cannot start...so there is no question of filing the chargeshee now

I HAVE SERIOUS DOUBTS THAT THERE IS AN FIR AT ALL...BECAUSE, IF THERE WAS AN FIR YOU PEOPLE WOULD HAVE BEEN ARRESTED BY NOW...THIS HAS NOT HAPPENED...

SECOND, HOW ARE YOU TRYING TO GET AB?

I FEEL THE GIRL'S SIDE IS FOOLING YOU...ALONG WITH POLICE IN THEIR SIDE..BOTH POLICE AND YOUR INLAWS WANT TO EXTRACT MONEY FROM YOU...

BECAUSE:

THE POLICE IS LIEING - BY SAYING THAT THEY WILL SUBMIT CHARGE SHEET..AND

THE POLICE HAS NOT ARRESTED YOU ...

DONT BOTHER FOR YOU CAREER NOW..AND WORST CASE..EVEN IF YOU ARE ARRESTED ( I WAS ALSO ARRESTED)..YOU WILL COME OUT ON BAIL IN 3-4 DAYS TIME...SO DONT WORRY..

WHAT DID THEY SAY? WHEN WAS THE FIR FILED AS PER THE POLICE OR THE GIRLS SIDE? If the FIR was filed 2 months back, and you are not arrested as yet...THE FIR IS A LIE..DO NOT BELIEVE ANY ONE...

TRY TO FIND OUT WHETHER AT ALL ANY FIR HAS BEEN FILED OR NOT? THIS IS YOUR FIRST JOB.,,I AM QUITE SURE THERE IS NO FIR FILED..

Gautam

1 Like

Sufferer of 498 (Officer)     22 December 2011

O there is a definite FIR, we even got the certified copy of the same, she made a hand written complained to the police station, after 3 attemps to prove she's been victim of domestic violence, the police finally took the complainted and made case U/S IPC 498A,406 and 34.

All her allegations are lies, every word she mentioned in the FIR is totally got up. Even in the court of law she will not be able to prove anyone of them to be correct.


(Guest)

Ok, then it is surprising that you people are not arrested as yet...are you absconding?

It is Ok, if you are absconding...just try to get AB asap...if it is rejected in the Sessions Court, please approach HC..file an urgent application...(all AB applications are urgent applictions)...

This is the only option...

 

Gautam

Sufferer of 498 (Officer)     22 December 2011

Our AB was filed at HC directly, but we got hearing date after like a month of filing the case. I didn't know of any option like urgent application. the high court gives hearing of 30 cases each day.its a slow slow process also the HC remains closed for a week during christmaas holidays... which will delay the AB further..


(Guest)

I dont know who is your lawyer, there is always an option for filing urgent application....in my DV case I filed an urgent application and the case was heard in 2 days time...and the case was stayed..

 

For the Pre arrest bail cases  - one should apply as an urgent matter and the case comes for hearing in 7 days time..

 

Gautam

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 December 2011

Rightly said, don't know who is your lawyer.

 

Why has not he exhausted the remedy at Session Courts first.

 

After HC the only recourse is SC.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
3 Like

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