498a police complaint
arya
(Querist) 04 February 2014
This query is : Resolved
Sir,
My name is shyam. In December' 2010 after the 1 week of marriage my wife & her family member warning us a false 498a
dowry court case.she & her family member tortured us.
My mother disowned to me and my wife by legal affidavit & Published legal notice in newspaper in May'2011.
We also filed a police complaint (which is our 1st police complaint )in police station against my wife & her family member in 7th June'2011.
In November 2011 i left my mother house and starting in a renting home but my wife not come with me.
In April 2012 she also left my mother's house and never come back till date. she gone in her parents house.
In 2012 she filed 2 case one is Domestic violence case and 2nd is Maintenance case.
Now in December 2013 she filed a police complaint against me and my family mamber and my relatives.
yesterday police called me and I submit the documents in police station.
we have a number of police complaints against my wife and her family mamber.
Now my question is still police will file the FIR.
can we apply for Anticipatory bail before FIR.
What should we do pls help us and guide us.
my mother disowned my will she also arrested or not if FIR will file.
Shyam
ajay sethi
(Expert) 04 February 2014
only after FIR is lodged should you file for AB . cops will investigate complaint then lodge FIR . contact a local lawyer .
cops may seek to arrest your mother and other relatives if there are serious allegations made against them . you can seek AB for them if FIR is lodged .
Nadeem Qureshi
(Expert) 04 February 2014
Dear Querist
the police have right to registered an FIR if there is any cognizable offence is made out.
you can file anticipatory bail before FIR or after FIR as per your wish. there is no restriction to file AB before registering FIR
arya
(Querist) 04 February 2014
She filed complaint against our 8 family mamber including me.
What is the cost of AB (Approx).
ajay sethi
(Expert) 04 February 2014
in mumbai courts do not entertain unless FIR is registered . . Ab fees vary depending upon lawyer you engage
Rajendra K Goyal
(Expert) 04 February 2014
Fee depends upon lawyer to lawyer. FIR can be registered if in the eyes of police any cognizable offense has occurred.
arya
(Querist) 05 February 2014
1) If FIR Lodge,can we get bail(AB)same day ?
2)can 1 person give the jammant of 8 member ?
Rajendra K Goyal
(Expert) 05 February 2014
1. depends upon the circumstances, for AB 2-3 days may be taken.
2. Again it depends upon the court. Court may not allow one jammanti for 8 person.
arya
(Querist) 06 February 2014
against Police complaint (498a) how much time police take for investigation and lodge FIR.
Someone said me atleast 1 year police investigate the case. It is true or not ?
