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Case

(Querist) 03 October 2013 This query is : Resolved 
Hi,

I am an Indian citizen living in Canada from 2005 on Permanent Residence status. I visited India only twice till date , once on my brother wedding in Nov 2009 (for 29 days) and in early 2012 for my brother in law wedding (for only 28 days).

My brother got married in Nov 2009 , and in March 2011 his wife falsely implicated my Brother / my father / my mother under 498-A/406/34 IPC. My parent were out on writ petition.

After few counseling and investigation at women cell (only for my brother or husband) – Nanak Pura , case was transferred to lower court where my brother got bail.

I was not aware till I got an email from women cell last week (after 2 and half year) , that my name was also there on the list , see EMAIL below

P.S. CRIME WOMEN CELL NANAKPURA, NEW DELHI

On the complaint of Smt. ABC, the above mentioned case has been registered against you and other family members. This is a criminal case. You are directed to appear before undersigned for joining investigation.

PS/ CRIME WOMEN CELL,
NANAKPURA, NEW DELHI

I came back to Canada after 15 days of their wedding and my last visit was when she already left and filed a case against us. I don’t know what to do as for me it won’t be possible to come to India for the above hearing.

As you guys are expert in these kind of cases what you suggest how should I proceed.

Thx
Phani Kumar. D (Expert) 03 October 2013
In my opinion, If you are not able to come to India, it is better to engage an Advocate and approach court for necessary directions and quashing of FIR.
Rajendra K Goyal (Expert) 03 October 2013
Engage a local lawyer to present your side.
deepak kumar (Expert) 03 October 2013
since your brother is an accused therefore he would be having all the relevant papers so what you have to do is
1- get some one to peruse the FIR/ Complaint to see whether your name is there.
2- if your name is there or even if it is not there do peruse the charge sheet to see whether yor name appears in list of accused and whether investigation is complete with respect to you or is it ongoing.
3- if investigation is completed against you and your name figures in charge sheet then you will have to engage a local lawyer and file anticipatory bail and quashing petition.
4- but since you have been called by police therefore it is most likely that the investigation is still continuing against you, in that case reply back by e mail stating and attaching the copy of your passport showing your date of arrival and date of departure followed by a written representation to the concerned chief of police as well as other higher police officers so that this aspect of your absence is looked into and investigated by police.
regards
Sudhir Kumar, Advocate (Expert) 03 October 2013
no use you have to come. Police knows how to make you come.
Anil (Querist) 03 October 2013
Thanks for the suggestions Gentlemen.

Question: Is Email is the legal source to deliver above notice by women cell….?

For communication I have not officially informed anyone about my email address, as I understand such notices were served through “registered post”.

As my brother wife was aware of my email address, she probably gave them the address.

Another important thing to add is the “appearing date” mentioned on email was 09-10-12 at 3:00pm. I received email on 12th Sep 2013.

It can be a typo but officially makes it invalid.

Should I delete my email account for further email as that is the only contact they have as far as I am concerned…?

Thanks
Nadeem Qureshi (Expert) 03 October 2013
no need to worry about it, you should engaged a lawyer & get copy of complaint first. if there is only women cell complaint then file your reply on her complaint via post or through advocate.if FIR has been registered then File anticipatory bail before court. no need to come india, it will be very difficult to you to return Canada after that.
Feel Free To Call
Anil (Querist) 04 October 2013
Thanks for the suggestions Gentlemen.

Question: Is Email is the legal source to deliver above notice by women cell….?

For communication I have not officially informed anyone about my email address, as I understand such notices were served through “registered post”.

As my brother wife was aware of my email address, she probably gave them the address.

Another important thing to add is the “appearing date” mentioned on email was 09-10-12 at 3:00pm. I received email on 12th Sep 2013.

It can be a typo but officially makes it invalid.

Should I delete my email account for further email as that is the only contact they have as far as I am concerned…?

Thanks




R.K Nanda (Expert) 04 October 2013
nothing to add more.
uttamtibrewal@yahoo.com (Expert) 04 October 2013
dear ..
You need to engage a lawyer so that he can represent you in the court of law.. for any help in regards contact me .
Uttam
Raj Kumar Makkad (Expert) 06 October 2013
Well advised by experts so no more to add.


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