Good avocate for handling 498a charges - allahabad high court

Sharad (Querist) 28 May 2013 This query is : Resolved
Hello Sirs / Madams,
My wife has filed a false 498A case against me and my whole family.
I am looking for a good and experienced criminal lawyer who can handle the case in Allahabad High court.
We are very worried.
Can you please suggest the name of few lawyers?
Request your urgent attention.

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Adv Archana Deshmukh (Expert) 28 May 2013
Search locally or search the database on LCI or the internet.

V R SHROFF (Expert) 28 May 2013
You need not worry at all
98% of 498 are acquitted.
Just wait and watch. [Once bail granted, will take years to start proceedings, so maintain peace ]

Sharad (Querist) 28 May 2013
Archana Madam,
At the moment I am in UK, and my family is in India. (Mother, sister, younger brother have all been falsely implicated in the 498A with no reason).
From here, I am not able to search a lawyer.Therefore, need help.

Thanks Shroff Sir!
I will try to get a lawyer and then apply for bail.
After, I get a bail, can the police still arrest my family members after filing a charge sheet 0r getting a warrant from court? What is the procedure?

ajay sethi (Expert) 28 May 2013
apply for anticpatory bail for family members falsely implicated in 498A case .

can ask shailesh shah / MR prabhakar singhji of LCI from UP to guide you .

Sharad (Querist) 28 May 2013
Hello Ajay Sir,
I heard that anticipatory bail cannot be applied for 498A.
We can only go for a stay.
Is it not true?

ajay sethi (Expert) 28 May 2013
dont know the procedure in UP

V R SHROFF (Expert) 28 May 2013
No, Police cannot arrest you after bail.
Police will proceed to file charge sheet thereafter. It may take years too.
After that proceedings will start. You are eligible to get exemption from your personal appearance. OK

DEFENSE ADVOCATE.-firmaction@g (Expert) 28 May 2013
This is UP SIR AND not MUMBAI and the accused is NRI.

1) Law for AB in UP is still under process.

2) An expert advocate can get bail on same day from sessions court.

JUSTICE KATJU OF APPEX COURT HAD GIVEN DETAILED GUIDELINES BUT SELDOM FOLLOWED SINCE MANY ADVOCATES OF UTTAR PRADESH ARE NOT EVEN AWARE OF SUCH RULING .

3) Otherwise normally there is stay of arrest by HC with direction to lower court for bail.

DEFENSE ADVOCATE.-firmaction@g (Expert) 28 May 2013
DETAILED DIRECTIONS HAS BEEN ISSUED BY ALLAHABAD HC FOR 498 A CASES FOR UP -

10. However in a case under section 498 A IPC where the wife subject to violence has gone back to her "maika" following the violence, it may not be necessary in a particular case to immediately arrest the husband and other family members who have been made accused in the FIR until adequate evidence has been collected, as she is unlikely to encounter violence when she is away from her "sasural."

Dated: 11.10.2011

Sharad (Querist) 28 May 2013
Any suggestion for the lawyers?

Nadeem Qureshi (Expert) 28 May 2013
Dear Sharad
no need to worry, in UP anticipatory bail is not applicable, you have to file Criminal Writ Petition/Criminal Misc. Application u/s 482 of Cr.PC before High court and get arresting stay from court.
once you got bail police can not arrest you or your family members if they all are on bail or till arresting stay order.

after filling a charge sheet the police can not arrest any accused of the case untill the court issue warrant.

If you are in Delhi or Ghaziabad you can contact personally.

feel Free to call

ajay sethi (Expert) 28 May 2013
search in LCI data abase for lawyers in UP

Advocate Ravinder (Expert) 30 May 2013
No need to worry. If the lower court does not grants Bail, you can approach HC. HC is very liberal in granting bail in sec. 498a cases.