puneet sandhu (service) 05 March 2013

498a

Hello,

I need some advice in matter of fir in section 498a. My wife filed a forged complaint under section 498a and 406 to commissioner police. It was investigated by rank of Sp and given a clean chit to me and family. To this she again filed complaint to cp and case closed again on same basis as was on 1st time. I got some information now about she filed writ petition in high court under sec 482, and court have given direction to police to file FIR.

Please advise steps to be taken in chronoligical order( I do not have order of high court just have verbal conversation with her lawyer and reconfirmed in high court list of cases.

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7 Replies

Sudhir Kumar, Advocate (Advocate) 05 March 2013

cotest in high court.

jitendra yadav (ADVOCATE) 05 March 2013

sir,

try to approach to the session court for anticipatory bail for apprehension of arrest before you are arrested and sent behind bar. once you get the bail then approach high court for quashing if you can put up your good defence as fir is already registered as per high court direction. so be careful while approaching hc.

Sudhir Kumar, Advocate (Advocate) 05 March 2013

what is "forged complaint" has someone forged your wife's signature on the copmplaint.

Reformist !!! (Other) 05 March 2013

Contest the case in High court on merits. Also take police reports when last 2 times ur loving wife filed case against u. U can try this via RTI or via gandhi ji from police and can comtest the case based on that reports too.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 06 March 2013

1. You can not fight the case in HC as of now.

2. Approach Session Court for grant of Anticipatory Bail.

3. If there are grounds of quashing, move HC for quashing after obtaining AB.

Regards,

Shonee Kapoor

www.facebook.com/shoneekapoor
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar

If you don't fight for what you want, don't cry for what you LOST.

Saurabh..V (Law Consultant) 06 March 2013

@Author

This is generally the approach of the courts in India that they tend to reject genuine claims of the police and readily accept false cases. Do not loose heart. As the SP has filed closure report twice, so now they would stick to their stand and case would stay tilted in your favor.

Maximum the High Court directions would do is to register a FIR which no on can contest at this time.

As rightly advised, you should appraoch Sessions Court to seek Anticipatory Bail under S.438 CrPC. Once you get AB, then you can restructure your future strategy. Registration of FIR only bring concern over arrest and nothing else.

All the best!

//peace

/Saurabh..V

Msk-need -nuetral- laws (self) 08 March 2013

Lovely piece of advice by everyone. LCI should have more supporting members like them to wipe tears of innocent sufferer. Delighted to be part of this forum.