498a
swaraj
(Querist) 14 November 2012
This query is : Resolved
RESPECTED SIR
MY BHABHI FILED A FALSE DOWRY CASE ON MY FATHER AND BROTHER.MY FATHER IS ON REGULAR BAIL BY DISTRICT COURT AND BROTHER IS IN ABROAD .MY BROTHER WAS IN ABROAD WHEN F.I.R REGISTERED.TILL TODAY NO CHARGESHEET FILED IN COURT.
MY BHABHI FILED MAINTANTENCE AND DIVORCE CASE.
LAST MONTH THE DISTICT COURT SENT A ARREST WARRANT SUMMON IN NAME OF MY BROTHER MY FATHER NOT RECEIVED THAT BY GIVING WRITTEN COMMENTS THAT BROTHER LIVED IN AUSTRALIA.
NOW MY QUESTION IS THAT.
OUR ADVOCATE TOLD US THAT NO ADVOCATE COULD APPEAR ON BEHALF OF MY BROTHER BECAUSE IT IS CRIMINAL CASE.PLEASE GUIDE US.WHAT DECISION COULD MAKE BY MEGISTRATE.
2.CAN WE APPROACH HIGH COURT FOR QUASHING F.I.R OR NOT.
3. IS IT BETTER FOR US TO GO HIGH COURT FOR QUASHING BEFORE CHALLAN OR AFTER.
THANKS
Devajyoti Barman
(Expert) 14 November 2012
Quashing would not be of much help.
First apply for anticipatory bail of your brother.
Since he was in abroad getting the bail would not be of much difficulty.
Get in touch with an advocate.
Advocate Suneel Moudgil
(Expert) 14 November 2012
Dear client,
try to get anticipatory bail for your brothet so that he can appear in india,
quashing can be and should be done after challan,
ajay sethi
(Expert) 14 November 2012
it is necessary for you to ennage a advocate . let him go through the facts of the case and advice . it is necessary for your brother to obtain Anticpatory bail .
Rajeev Kumar
(Expert) 14 November 2012
In my opinion your brother should apply for anticipatory bail. so that he can appear before the court of law in India and thereafter go for quashing if the offence is primafacie not made out.
