how to delete the names in 498a FIR
Querist :
Anonymous
(Querist) 30 July 2011
This query is : Resolved
Hello Experts,
Greetings for the day.
My uncle was convicted on 498a charges 2weeks back, Knowing that he was a fits patient the police have arrested him. On the same day he was sent to jail. And on 14th July 2011 he got bail. But before releasing him on bail he went into COMA in jail Premises. The jail authorities immediately called his relatives who where standing outside for him to come out and handed over him to his relatives on the stretcher itself. They immediately taken him to Osmania hospital in jail van itself. There treatment was given to him but his condition was in critical position so his relatives immediately taken him to Private Multispeciality hospital. Where the doctors have confirmed that his condition is very critical as there was a Sevier blood clot in his head and done a critical operation immediately. The operation was successful but the patient is still in COMA. While the doctors have confirmed that there was a Sevier injury on his head that’s why there was a blood clot and basing on that he got FITS. Currently this person is still in COMA and is in ICU currently. In the FIR my uncles 3 brothers and 3sister names are mentioned. Where as all these people live seperately. But she has mentioned all these names in FIR stating that these people and her husband have demanded her for more dowry and sent her to her parents house.
Now my question is we have not taken bail to 3 brothers and 3 sisters as all these people are in the hospital with my uncle looking after him as he is in critical come stage fighting with death. This is a false case. So these people have to take the BAIL or they can directly QUASH the case in high court.
And who would be responsile for my uncles condition the jail autiorites, or his wife or police who have arressted them.
Devajyoti Barman
(Expert) 30 July 2011
Your condition is really pathetic but the problem is the court does not consider much the physical plight while enforcing the law.
Quashing is an option but taking the very technicality and the rarity when the same is allowed, it is not advisable to go for it.
You rather all pray for anticipatory bail. The high court should be approached as it is more liberal while granting bail in 498A cases.
