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Discussion > Criminal Law > How to avoid being arrested when 498a is filed   Unanswered Threads Post New Topic

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There are 8 Replies to this message


pankaj


Engineer
[ Scorecard : 49]
Posted On 07 December 2009 at 13:46 Report Abuse

My wife has filed a 498a case against me and my family in Noida (UP)

By the time I got to know this, my father was already arrested from my hometown in Madhya Pradesh.

I stay in Bangalore and Im fearing arrest. Is there a slightest possibility of getting anticipatory bail?

If yes, what is the procedure.

Thanks in advance.



RAMESH AGGARWAL


ADVOCATE
[ Scorecard : 26]
Posted On 07 December 2009 at 19:03 Report Abuse

DEAR PANKAJ

THERE IS NO PROVISION OF A.BAIL IN U.P. YOU CAN DO ONE THING APPLY  & GET A.B. AT BANALORE.

IF U CAN SHOW ME THE CONTENTS OF FIR / ALLEGATIONS. I CAN GUIDE YOU MORE PROPERLY & THEN U CAN ALSO APPROAC HIGH .COURT FOR QUASHOING OF FIR ITSELF.

PL. FEEL FREE & CALL ME FOR ANY LEGAL HELP BETWEEN 12 P.M. TO 8 P.M.

RGDS,

RAMESH AGGARWAL,ADV

9818180747.


Kiran Kumar


Lawyer
[ Scorecard : 16506]
Posted On 07 December 2009 at 19:09 Report Abuse

dear Pankaj no doubt the specific provisions for anticipatory bail are not in force in UP, but Hon'ble Allahabad High Court does entertain such petition under S.482 Cr.P.C

 

whether u ll get bail or not depends upon the facts and circumstances of the case, try to get copy of FIR then approach ur local counsel so that he can give you a firm opinion in the given circumstance.

 

but dont panic....



Total thanks : 1 times

pankaj


Engineer
[ Scorecard : 49]
Posted On 09 December 2009 at 18:32 Report Abuse

Many thanks Mr. Ramesh and Mr. Kiran!

I am planning to move court with Sec 482 to quash the FIR.

In FIR my so-called wife accused me and my family to intimidate her at her parent's residence at Noida on Aug 16, 2009. Whereas on that date my brother and I was present in Bangalore and my parents were at my hometown in MP. She purposefully selected the date of Aug 16 as it was a sunday.

I started searching for evidences and I found that I had used my credit card to fill petrol from a petrol pump in Bangalore. Can I submit the credit card statement as a proof my innocence?

I don't have any proof in support of my parent's as they my father is a retired person and my parents stay at home everyday. They don't visit banks, hospitals etc often to prove there innocence.

Also in FIR she mentioned that hearing her hue and cry many people from arrieved at the scene, but she had not mentioned a single eyewitness name. Also she stays in an appartment which has 24x7 security guard facility at 7th floor. If I harassed her at her residence why was I and my old parents not caught by the guards?

Will these circumstances help me prove my innocence?

Appreciate your suggestions.


Hardik Mehta


Family Counsellor
[ Scorecard : 693]
Posted On 10 December 2009 at 01:20 Report Abuse

Pankaj,

Ask your father to take the certified copy of the FIR first from the court and police station. After that just go to the High Court and apply for the stay on arrest for you and your brother. This is equivalent to AB. Once you get this, apply for regular bail immediately, so that you are not arrested. You cannot take the AB from Banglore as this has no jurisdiction. They can give you the transit bail, which is of no use. Do not apply for the quash till the time you have secured the bail.

You dont have to give any explainations or anything at present regarding the issue. Do not give any statement to the police regarding the security guards. Just put your credit card statement or the bill stating that you were in Banglore on that day. This can give the final report by the police. If the report is not given in 60 days of the arrest of your father, you have the change to go to the High Court and quash the proceedings. You then have the stronger evidence for malafide intentions at that time. Just be patience in filing the quash petition.

You can also counterfile the DP3 case against your 498a case. This proves the effective tool in resolving the cases faster. You should be prepared for the divorce and do not think of bringing her back. Join SIFF and you will come to know more about the ways to tackle the cases.



Total thanks : 1 times

pankaj


Engineer
[ Scorecard : 49]
Posted On 10 December 2009 at 18:14 Report Abuse

Thanks Haardik,

I already got the copy of FIR. I will go ahead for stay and bail. If I file a DP3 case and at the same time go for quash petition, is it not contradictory? Will such an action prove troublesome for quash petition?

I already joined SIFF. Infact as soon as my so-called wife showed me symptoms of her being a 498a kind of wife, i started preserving all email and chat convrsations. Also I asked her to join me at her own will (at the time when things were not this bad).

She filed the FIR against me after receiving the notice from my local counsel about RCR. Will it help me to prove that she bolted such a case for malafide intentions?

She is staying away from me since Nov 2008, but she filed FIR on Aug 2009, that too after she received notice from my counsel. Though I was able to put up the RCR petition only in Oct 2009 because of due diligence. Also she did not honored the court summons of RCR. Will these circumstances help me win the case?

Thanks in advance.


Nali Seshu Kumar


SOCIAL WORKER
[ Scorecard : 156]
Posted On 14 December 2009 at 20:40 Report Abuse

pankaj 1st of all you dont  worry now a days the same is common already there is specific direwction to the police before registering the the case to try for reconcillation but some officers are not followed the procedure 1st of all u approach the high court judicature for squash the fir with a prayer to stop further investigation .


sibasish pattanayak


lawyer
[ Scorecard : 457]
Posted On 26 December 2009 at 02:48 Report Abuse

pankaj , all suggestion are good more or less.but where both of u spend ur mat life? pl confirm if the allegations r made  at noida and all the allegations as alleged during the span of ur NOIDA LIFE , then ur quashin petition is not teneble, keep cool. straight to go to fight out ur case.

sibasish pattanayak,advocate,


pankaj


Engineer
[ Scorecard : 49]
Posted On 27 December 2009 at 22:33 Report Abuse

we both lived at Bangalore for around 4 months. Since then for last 1 year she is staying at her parents house. She alleged that she was beaten almost everyday by me and my parents at my native in MP. She hidden the fact in her FIR that she stayed with me away from my parents.

I wouldn't have had worried at all if Indian police and judicial system was not corrupt.




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