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498a Advice (IT)     11 April 2016

Wants to abscond in 498a case

My wife had filed false 498a case against me and my parents in August,2015.My parents got AB from session court and my AB was rejected from HC for the reason that ornaments is not yet recovered.I has returned around 8 lacs of articles other than ornaments as she had already taken all the ornaments.

Now I am applying in SC for SLP.If result will not be in my favour then I want to abscond by staying away from parents and continue my new job.

No other cases yet,please advice further.



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 11 Replies


(Guest)

look bro, you did not show the high court that she took away her ornaments with her. thats why high court rejects your ab. if you go to SLP i think the SC will do the same and reject your SLP.all you should do is to try to prove that she took all her ornaments.

 

where she can keep her ornaments? in her bank locker? in her parent's home ? or do you have any idea ? ask court to order the police to search in those areas where you think she can keep her ornaments. if found, you will be released completely.

sameerahuja (IT)     12 April 2016

Her parents home or parents bank locker.

sameerahuja (IT)     12 April 2016

But my question is that..Is the bail proceedings converted into recovary proceedings?

Police is not providing the bills for jewellery.

Vijay Raj Mahajan (Advocate)     12 April 2016

 

Surrender to the court and apply for regular bail. You will be allowed regular bail. The return of 8 lakhs and ornaments etc. by you should also be mentioned in bail application and documents relating to the same should be attached for the trail court to check is required.

The running away or absconding from law is the worst thing to do, no court of any level will appreciate such act on your part and will not allow any relief in such situation, wrong advise who ever gave you, just ignore it and do as I advise you here.

498a Advice (IT)     12 April 2016

For how many days I have to stay in PC or JC in case of surrender.

498a Advice (IT)     13 April 2016

Kindly reply Vijay Raj Mahajan Sir..

srk (Service)     14 April 2016

Do as Mr Mahajan has said, you might have to stay in the custody for a day or 2 and then request for regular Bail, Mr. Arix and Mr SameerAhuja, are there any cases where the court has ordered to check the bank lockers or parents home?. I think they would have hidden the jewellary some where else in a realtives home. I am not challenging you guys but thinking pratically.

498a Advice may be you can ask them to provide the receipts for the jewellary which they claim are with you and also make sure you take an written acknowledgement from the other party that they have received the 8 Lack worth jewels. 

Absconding is a temp solution and you will lose the freedom.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

If you really think that you are more powerful and more knowledgeable and more trained n crime than than (i) ancestral criminals (ii) dacoits (iii) terrorists (iv) drung lords etc etc etc. Then you can think of absconding and being away for ever. ======== Your parents are ther eon AB ========= do not creat a situation that police is copmplelled to make application for their remand suspencting that they know your whereabouts ==== you know how police will extract information from your parents.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

Originally posted by : 498a Advice
For how many days I have to stay in PC or JC in case of surrender.

Astrological query.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

Originally posted by : sameerahuja
But my question is that..Is the bail proceedings converted into recovary proceedings?

Police is not providing the bills for jewellery.

Police need not provide any bills for jewellery. If the existence of jewellery is established then the refund of same is also to be proved.

Sudhir Kumar, Advocate (Advocate)     16 April 2016

Originally posted by : srk
Do as Mr Mahajan has said, you might have to stay in the custody for a day or 2 and then request for regular Bail, Mr. Arix and Mr SameerAhuja, are there any cases where the court has ordered to check the bank lockers or parents home?. I think they would have hidden the jewellary some where else in a realtives home. I am not challenging you guys but thinking pratically.

498a Advice may be you can ask them to provide the receipts for the jewellary which they claim are with you and also make sure you take an written acknowledgement from the other party that they have received the 8 Lack worth jewels. 

Absconding is a temp solution and you will lose the freedom.

YOu cannot expect police to search their house and lockers. They may not like to be alleged for harassing the complainant that too a woman and that too in a dowry case. It is unheard.

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