misuse of 498a

Querist : Anonymous (Querist) 18 May 2011 This query is : Resolved
We are facing false 498a, 406, 34. My charged brother has been now in jail since 27.04.11. Session/JMFC have been giving hearing on 04.05.11, 12.05.11, 16.05.11, 18.05.11 & 21.05.11 without justification as there is no prima facie in that case as there are no medical proof, no witnesses. On 12.05.11, our lawyer asked the IO (ASI) about the arrest warrant as he arrested my younger brother without arrest warrant and search warrant. Then the Session Judge called for the statement of IO (ASI) & SHO of the concerned Police Station but they didn’t turn up on 16.05.11 and 18.05.11 that’s why Judge re-fixed the hearing on 21.05.11. Meanwhile the ASI threatened my younger brother by saying that he would not let him out from the jail till next year.
If ASI will always absent willingfully to attend the court then what would happen & the Session Judge is neither accepting nor rejecting the bail of my brother. How can we get my innocent brother out of the Tihar Jail. Please give me some advice. Thanks in advance. I require ho'ble members' advice very urgently.

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A V Vishal (Expert) 18 May 2011
On the next hearing if the Sessions court does not respond positively then approach the High Court.

M.Sheik Mohammed Ali (Expert) 18 May 2011
yes i do agree query reply

mahendra rai jain (Expert) 18 May 2011
hello Mr. Anonymous What your advocate did? I think you should change your advocate first... for more advice contact me at 09828136378 from 8 pm to 9.30 pm

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