Urgent help requiered
falgun
(Querist) 23 April 2014
This query is : Resolved
Hi,
I am a sufferer of 498a,313 etc. Got bail from hon supreme court. I had filed a complaint before 1 month of the casese filed on me with the injury certificate from govt hospital but the IO did b summary of the same and then asked my wife to file 498a and other + she also filed Dv and other cases. Now in 313 the allied doctor has given certificate that she has never done any such thing nor knows me or ne of my family members. My wife had produced some certificate of prgnancy from a local clinic and when io went for investigation she has given statement on her letterhead that she has no test report nor cctv footage just an entry in the register. Now when io sent my wife to civil hospital for check up she ran away from there and we have Injury certificate stating the same. From past 5 dates they are not coming to court as her cross is to be done as all cases have different versions and in total 12 diffrential statement in all cases. Before we got bail they had given our photo in local newspaper with an article stating tht we have done all these things and now have ran away. The allied doctor in 313, her name is not in the chargesheet as accused nor she is a witness. My father expired recently so the court has removed his name from all the cases
my lawyer has asked me to stay put and others have advised me to apply for defamation, prejury and rcr
am totally confused please help
Devajyoti Barman
(Expert) 23 April 2014
Increase the heat on them.
Do file case of defamation against them.
Since 498A case would be deiced in your favour, ask the court to issue W/A if the complainant is not coming to court for evidence. You can go to high court to obtain order for expeditious disposal of the case.
RCR is of no use. Rather file suit for divorce.
falgun
(Querist) 23 April 2014
Highly Oblidged. Thank you Barman Sir for your answer.
Sir have a question. Should I file the case for defamation on my wife alone or on her family members too? And I should register fir or go for a private case?
Devajyoti Barman
(Expert) 23 April 2014
You can file cases against wife and her relatives also who took active participation in making the vilification drive against you.
falgun
(Querist) 23 April 2014
Ok thanks but should I send a complaint through registered post to police station cc to cp ofc nd sp office or should I file a private complaint in court?
Devajyoti Barman
(Expert) 24 April 2014
Private complaint is better to fetch results.
ajay sethi
(Expert) 24 April 2014
file defamation case as advised by experts .also file for divorce
falgun
(Querist) 24 April 2014
Thanks experts for your advise. Will surely do the same asap. Regards
T. Kalaiselvan, Advocate
(Expert) 25 April 2014
A defamation case and parallel divorce case will certainly bring solutions to our problems. Other things, I agree with the experts opinion.
falgun
(Querist) 29 April 2014
Hi,
I had applied for quash in supreme court of india and got an intrium bail stating that I should be released on bail as per the satisfaction of the arresting authorty. Now after that the io released me on bail . Then after 2 months I went to sessions they said tht I dont requier reguler bail. Then my quash petition was dismissed again I went to sessions to take me 7n coustody and grant bail but they said d that lower court and io will decide if bail is requiered or not. Now the metro judge is saying tht he cannot commit the case as no reguler bailbis there. I have gone to 3 lawyers but they said that fron 2011 supreme court has stated that once on bail you dont requier any other bail till the end of trial. As thechargesheet had been filed Iin 2013 may. Now what should I do. Please advise
falgun
(Querist) 29 April 2014
The io and lawyers are saying that I cant be arrested again in same crime with no news points added aftr the submission of bail. And the megistrate is saying that I might requier bail. My lawyer has asked the megistrate to serve a legal notice to me that bail is requiered and he said that after the reciept of that notice to file a review petion in the supreme court of india. Please help
Devajyoti Barman
(Expert) 29 April 2014
query is not clear till all orders are scanned.
