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Amit (Executive)     06 July 2011

498 a FIR filed in Agra

Hi,

My wife has filed a false FIR against me at Agra with following sections 323, 504 & 498a 3 & 4.

It has been learnt that Chargesheet has not been filed.

However, I have manged to obtain a copy of FIR.

Arrest warrants not issued till now but can be issued anytime.

I live in Mumbai.

Threatening and torture is happening from past 3 years and finally the case now.

Pls advise.

Also, pls advise / refer some fine Lawyers at Allahabad.

Thanks,

Amit

 

 

 

 

 



Learning

 11 Replies

Manas Prakash (Advocate)     06 July 2011

Hi,

Under Criminal Procedure Code FIR can only be lodged where offence has been committed..so if any incident of alleged incident(torture for dowry etc.) has occured in Agara then only case can be filed there.Moreover,u should first move for Anticipatory Bail in Session court at Agra and if bail is rejected from there then only u can move to Hon'ble Allahabad High Court. After seeing the FIR any suggestion can be given about merit of the case.Is there any other accused also(such as ur mother,father,brother,sis etc)? Plz move Anticipatory Bail as soon possible.I frequently go to Allabhabad and Lukhnow Bench of High Court.

Manas Prakash,Advocate(07250239209)

Manas Prakash (Advocate)     06 July 2011

498 A of IPC is not such a big deal now but take the case seriously othwise it may be fatal.

1 Like

Advocate M.Bhadra   06 July 2011

File a petition u/sec.438 of Cr.P.C. for anticipatory bail (bail before arrest) to the District Court or High Court.If you want to live further with your wife you may file a suit for Restitution of Conjugal Right in District or Family Court for best defend.After getting bail if you want to take counter you should file Quashing Petition to the High Court for false and fabricated F.I.R..

1 Like

prashant pundhir (Criminal Lawyer)     06 July 2011

Dear forum members and Amit,

                                                            I sincerly want to pay your attention on sec.438cr.p.c.(State amendments of u.p.) that anticipatory bail is not allowed here. But Amit need not to worry as he can apply for the arrest stay or same day disposal of his bail application in the light of "State v/s Amrawati" and "State v/s Lal Kamlendra Pratap singh".

Ravi Trivedi (Law Student)     07 July 2011

Hi,

Yes, I agree with Mr Prashant Pundhir that in UP, 438 CRPC would not work as it is ommited in the state law. However you can still get interim bail. refer the cases as mentioned above

 

Regards,

Ravi Trivedi

Manas Prakash (Advocate)     07 July 2011

Very true,in UP Ancicipatory Bail Provision is not there.But u can move for intrim bail in Distric Court or for quashing of FIR and stay of arrest under 482 Cr.PC in the Hon'ble High Court.

ramprasad reddy. pottipati (Lawyer)     07 July 2011

498 a is cognizable offence. In a case of cognizable one police can arrest without warrant. So move for bail as early as possible or for quash before the Hon'ble High Court.

Ram Singh (fsdffsdf)     14 July 2011

My wife filed case from Aligarh..and I got stay from HC  and case transfer to medation....now my case has been quash...I have experience for this case in UP

Mr. Amit,

I you required any help please give me your mail ID.....

Jasmeet Singh Ahuja (Advocate)     26 July 2012

is this case still going on? If u need any assistance, u can contact me at my email address jasahuja@gmail.com

i m a criminal lawyer at AGRA

pls help soon (asst manager)     26 July 2012

my email id is gpartha02@yahoo.co.in ,pls mail me your experience as I am going through this pain, 9125435965.

pls help soon (asst manager)     26 July 2012

Ram singh ji I am going through same pain pls give your email id,  my email id is    gpartha02@yahoo.co.in


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