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Naina   09 December 2018

498a

My family is facing false 498a filed by my brother's wife. She had filed this case 4 years back. Now after 4 years back she has sent arrest warrant for my me( sister), brother, our parents. We had supreme court stay order for all of us. But when police came to our house and we showed them the stay order they denied to accept that. And said that the stay order has been expired. The warrant was issued by lower court of kurnool, A.P. Now, The warrant was issued on April 2018. And during that duration our supreme court stay order was valid. I want to conclude that warrant was issued on april 2018 and andhra police came to arrest us on December 2018. So is it legal to cm and arrest after this long. And how can a warrant be generated during the time our supreme court stay order was valid. Please help me with that


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 2 Replies

TGK REDDI   09 December 2018

If any Stay Order is operative, arrest is illegal.    The police can't venture to arrest.    Something went wrong.

Siddharth Srivastava (Advocate)     09 December 2018

first of all make it clear that your sister in law has no power or authority to sent any warrant. she had the only remedy to file complaint. it seems that you people were reluctant to approach trial court and even after obtaining stay no intimation was sent to trial court with certified copy of supreme court. it seems that trial court might have firstly sent a notice to all named accused persons and when none appeared court had issued Non bailable warrant ( in general term arrest warrant). As such there is no prohibition if the warrants were ordered to be issued in April and served in December. Now approach trial court and file application for cancellation of NBW and simultaneously apply for bail. 498-A is a bailable offence.

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