Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

498a,406,294b,323.506i

Page no : 2

Sudhir Kumar, Advocate (Advocate)     26 October 2013

then let his bail be cancelled

sakthi (agriculture)     27 October 2013

so..only my brother bail will get cancelled ..? if it is cancelled..will police arrest him alone by leaving other 2 person in bail?

sir...our Anti.bail is in progress,,,,before we get AB..if in case police arrest us...can this AB will help us to come out ? Thankyou

Sudhir Kumar, Advocate (Advocate)     27 October 2013

meet your lawyer.

Adv. Chandrasekhar (Advocate)     27 October 2013

your case depends on these important facts: 1.  When you left her at her parent's house?  2.  When did she give a complaint against you and your family members?  3.  How much time police had taken between the date of complaint and registering the F.I.R.  The Section 304-B hinges only on that particular point - the nexus between the demand of dowry and death of the deceased.  the proximity of time between these two elements of the facts are vital to convict the accused.  In a way, I see that your arrest in Section 498-A case is a blessing in disguise for you to get acquitted in Section 304-B case.  I also believe that the conditional bail was granted only after the death of the lady and after taking note of her death by the court, there would be no problem for the court to extend the conditional bail or give regular bail.

1 Like

sakthi (agriculture)     28 October 2013

Thankyou chandrasekar sir...for your different point of my problem..

the timeperiod is: sep29 night my wife gave me a complaint and police immediately filed FIR and arrested us in the same night.

Oct 1 evening, my wife committed suicide in her parents house...my local lawyer applied for bail on oct 3 and we got 30 days conditional bail in oct 4 evening.

On oct 10, we attended RDO enquiry. ............we are  in mental depressed state what will happen after the RDO report? will police arrest us if the report says its a dowry death? or can the report say the death is due to mental depression ???...as far my understanding my wife committed suicide because of mental depression given by her family members or cant able to tolerate that she gave false complaint on her husband.............on the other side..we are not able to find a good lawyer in my place..from past 10 days my lawyer is trying to get ABail from HC.....i got a FIR copy of wife complaint through some known person and he says now we need a FIR copy for the death..blah..blah....what is the real requirements to get Abail to save us if police evoke 304b against us.?  

can this 498a case can be quashed after the chargesheet or can be quashed in HC before chargesheet?

Adv. Chandrasekhar (Advocate)     28 October 2013

Your advocate has done a good job of getting conditional bail on 3rd, where as your wife committed suicide on 1st Oct.  It appears that police  should not have registered FIR and immediately arrested you on 29th Sept. itself because prevailing procedure is prohibiting the police to take immediate action against S.498-A complaints and they are instructed to initiate counselling/conciliation.  Any how, now she has committed suicide, you require to get FIR on this matter as it will not only allow you to know exactly what happened but also assist you to take appropriate legal measures.  I am still doubtful whether the second FIR is registered under Section 304 B or abetment of suicide.  In response to your last question, on the basis of naration of the facts, it is not advisable to approach the H.C. for quashing of FIR and criminal proceedings in both the FIRs, as the chances for that extremely bleak. 

1 Like

sakthi (agriculture)     29 October 2013

Sir...Im in the process of getting the suicide FIR from the police station the problems are: wife gave a complaint in my place and she died in her parents place which is 50kms away. so the suicide case is going on in their local policestation and dowry case is going on in my place. I enquired & got to know that police filed section174 for suicide case and now the RDO process is going on in her place..and i think the police is waiting for RDO report to proceed this case further.  can the police change the case section and take steps accordingly if RDO report is against us? 

sakthi (agriculture)     31 October 2013

HI sir....My lawyer told me regarding ABail as::::::  police filed section174 to enquire the suicide and waiting for RDO report.  The petition for ABail, in HC says that no one name is taken in this suicide case yet,  as informed by the police and after the RDO report, if it says to arrest someone then the police has to inform HC to get the permission whether those people are getting ABail or not...........If this is the process, then what is the aim of getting Abail???   so the court will give Abail only if the person is included in FIR to arrest and that person has to hide until getting the ABail???

sakthi (agriculture)     07 November 2013

Hi sir....now we come to know about the RDO report..my lawyer told us  that the report says because of her husband torture she committed suicide....now what kind of action police will take against us? i'm totally depressed with this report that I' not even pinched her....where the truth has gone...is it dead....


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register