Issue of arrest warrant
498A-filed
(Querist) 24 July 2014
This query is : Resolved
Hi,
I got successful in convincing the court that my wife had the intention of fraud in her mind at the time of issuance of cheque and subsequently she made the stop payment as per her evil plan. Cognizance has been taken against my wife u/s 420 IPC & 138 NI and summon has been issued for her appearance. I am confident that she will not appear in the court as she did not not even appear in my RCR case and it is going ex parte. My query to the experts is
What should I do in the next court date. How to get arrest warrant issued against her. She is residing in a different state. Kindly suggest me about my next move to bring her to face the criminal trial. I also want to oppose her AB plea at the session court, if she applies for it. I have evidence against her which will show that she has done several activities related to finance which no good wife is expected to do.
Guest
(Expert) 24 July 2014
As far as i can see you don't have to do anything . The court after sometime will issue NBW against her. Doesn't matter where she is residing but different state will take some time to arrest her as different district . You can file for caveat in the High Court of the your state so that you will be notified whenever she will file for AB and u can oppose then
498A-filed
(Querist) 24 July 2014
She will apply the AB in sessions court first as in our state we cannot move to high court directly under 438. Can such caveat as suggested by you be filed in session court also?
Nadeem Qureshi
(Expert) 24 July 2014
Dear Querist
if she will not appear before the court after service of summons the court may issue BW and after that the court issue NBW and after that start proceedings of declare PO if not appear before the court either herself or by police.
Guest
(Expert) 24 July 2014
Yup it can be filed in district courts too. Consult your local lawyer for that.
ajay sethi
(Expert) 24 July 2014
agree with nadeem
Devajyoti Barman
(Expert) 24 July 2014
Yes
Get the W/A issued be be executed through the office of SP or Commissioner for its proper execution.
498A-filed
(Querist) 24 July 2014
Yes Barman Sir, I will send the warrant through SP office as per your advise. But I still fear that since my 498 A investigation is pending with the same PS, the SHO can sit on the warrant and decide not to execute it against an ABLA NARI who has suffered from imaginary dowry demand torture from me.
498A-filed
(Querist) 25 July 2014
I inquired about filing caveat for opposing AB and I have been told by a friend that it can only be filed in civil cases. Experts kindly confirm. Thanks.
Raj Kumar Makkad
(Expert) 25 July 2014
Post your query with your true name.
Caveat cannot be filed in AB cases.
V R SHROFF
(Expert) 25 July 2014
caveat cannot be filed in criminal cases
Advocate. Arunagiri
(Expert) 25 July 2014
For opposing you have to file a third party intervener petition, when the the AB petition is heard the court.
498A-filed
(Querist) 26 July 2014
Yes, I will file a third party intervener petition as suggested. Sir kindly confirm if my following understanding is correct-
1) The case has been filed as a private complaint case but since cognizance under 420 IPC has been taken, the PP will oppose her bail application.
2) On the day of hearing of AB of the accused, I am supposed to file a third party intervener petition to oppose her bail.
498A-filed
(Querist) 26 July 2014
I have prepared myself by guessing all that my wife can take as a defense in her AB petition. Few of her defense may be following-
1) This case is false and a counter blast to her dowry case
2) Her blank signed cheque has been misused by me which she gave me for some other purpose
3) There is no legally recoverable liability and in fact her jewelry and cash are left with me since she ran away empty handed to save her life and has also filed a 406 mentioning the list of articles.
498A-filed
(Querist) 29 August 2014
My wife did not appear on her first date after issuing of summons. I have been told that on second date a bailable warrant shall be issued by the hon. magistrate if I move an application asking the same.
My question is that if she gets arrested by the police officer and then released on bail, since it is a bailable warrant, will she be eligible for anticipatory bail or not? Or she will have to surrender and apply for regular bail and risk being sent to JC.
V R SHROFF
(Expert) 29 August 2014
you apply for Bailable Warrant, on next date.
u r well planned in advance ; but
Do not imagine further....
498A-filed
(Querist) 29 August 2014
V R Shroff sir, I got the cognizance order in less than 2 months after filing the private complaint case due to advance planning of each & every court date. I want to move as fast as possible because my innocent baby daughter is in clutch of greedy people who can do anything for money.
I have no prior experience of court cases, but I will leave no stone unturned to get justice for my baby.
Raj Kumar Makkad
(Expert) 29 August 2014
If you are so determined then definitely you shall get success.
