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Kadar (Engineer)     14 July 2014

False ipc 304b and 498a

Sir/Madam,

My Brother in Law, his parents, my wife, and my wife's married sisters are falsely accused of sec 304b and 498A.

Case background:

My brother in laws wife had some personality disorder and she was never wanted to lead a married life with my brother in law from day one of marriage and it was routine that she used to go and stay in her maternal home (12 hrs train journey from matrimonial home)for 3 to 6 months on regular basis. My Brother in Law's father  in law is a strong political leader. His father in law used to threaten all of us for dire consequences like 498a if questioned on her behavior.  My brother in law  was staying separately  for past 2.5 years with his wife without any contact with rest of the family. As usual my in law's wife went and staying in her maternal house for past 9 months with her 4.5 year's old daughter. She was not even in touch by phone with her husband for past 4 months. On the unfortunate day, she used her father's revolver and shot her daughter and shot herself by 5:00PM). This incident was not informed to any of us. Instead there are two FIR's made,

1. one by the his sister in law complaining against the deceased sister for killing her daughter by 7.00PM and

2. another FIR by brother of deceased by 9:00PM against my brother in law , father &mother in law and sister in laws (one sister in law is residing abroad for past 10 years) and my wife under ipc 304B and 498A with a mention of huge demand of money around 20 lakhs.

My brother in law was under JC for 1 months and all the accused are bail and anticipatory bail now from High Court.  This case is purely investigated under political pressure and during police custody my brother in law was unlawfully hit by all of the deceased family members inside the police station to third degree.  we are came to know and fearing  the evidences and incidents are cooked up by money and political power. We are middle class family wondering how to handle the false charges and prove the same.

Questions:

1. Can we appeal HC to direct politically neutral agency to investigate?. If so what is the procedure.

2. We had appealed for quashing in HC. Our Lawyer withdrew on the direction of the Judge to appeal again after investigation completion?. Still charge sheet is not done. Should we re appeal again?

3. We are fearing our life as the case is in district level city having lots of political influence by opposition. Is there a way to transfer the case to metro city where we are residing.

4. Can we file defamation case as all the names were published by news paper by deceased father falsely accusing for dowry harassment.

5. We are suspecting the incident itself. There is chances that this case investigation is diverted to cover up some internal issue.

Please help and suggest good trial  lawyer in  Hyderabad for the trial who can travel 5 hrs from Hyderabad.  Thanks in advance.



Learning

 11 Replies

T. Kalaiselvan, Advocate (Advocate)     15 July 2014

1)  No

2) No, wait,

3) No

4) No

5) Search for a lawyer from the LCI data base.

1 Like

Kadar (Engineer)     16 July 2014

Thank you very much for your suggestion sir. My brother in law was having lot of patience and not filed for divorce due to his daughter's future and 498a threat from his in laws. Now he lost everything and on top of the entire family is facing this charges. We are just fearing our inaction should not create more disaster. She was a tough women and it is hard for us to believe such tragedy is possible even by remote chance. She was having some psychological problem and her parent were treating her without her husband's knowledge fearing consequence of divorce. Any suggestion what we should do?. Also we are wondering why there was no arrest on arms act under 304a?

Biswanath Roy (Advocate)     16 July 2014

From your query it appears that the subject cases and its impact may reach to a considerable length of disaster.  Complaint u/s.498A IPC relating to dowry demand  is ultra-virus and raise a question of constitutionality. In your case you need a very experienced and bold Senior lawyer who can curb down the mischief as alleged of.  But such a lawyer is beyond the reach  of ordinary middle class people.because of their high professional fees.

1 Like

Kadar (Engineer)     17 July 2014

Thank you Mr.Biswanath Roy, There are two issues. Senior and competent lawyers in metro cities are not willing to travel on top of Higher professional fees. Since trial goes for long time senior lawyers are not ready to take this case. We are looking for good trial lawyer from Hyderabad or Bangalore. Please suggest.

T. Kalaiselvan, Advocate (Advocate)     17 July 2014

Where is the location the case, being tried at Hyderabad or Bangalore?

Biswanath Roy (Advocate)     17 July 2014

@ Kader,

I differ with your views.  There are some Senior lawyers who know how to change a longer dispute to a shorter one.  Besides by application of their legal skill and efficacy they can command over the court.

Kadar (Engineer)     17 July 2014

Trial will be at Gulbarga, 12 hr from Bangalore and 5Hrs from Hyderabad. I am assuming it will be easy for senior lawyer from Hyderabad to travel 5Hrs than 12 Hrs from Bangalore. May be I am wrong in my preassumption.

Kadar (Engineer)     19 July 2014

Our lawyer could get bail for my br in law and anticipatory bail for rest of accused in one session in HC. Currently his health is not allowing him to travel. Looking for good lawyer to represent our case at Gulbarga session court.

Sreenivas V (S/W)     19 July 2014

Kadar Here I see suspicion that is ur wife committed suicide or being killed by her own parents as now a days anything can happen. But here no ones look that side and simply point fingers at husband. As she died at her own house there is some relief to you need to wait long to get justice done to you

Sreenivas V (S/W)     19 July 2014

Sreenivas V (S/W)     19 July 2014


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