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wifebetrayed (service)     09 March 2011

498 time limit

hi

fir was file against me and my family 1 month back, cop called us informing us about FIR and asking us to take AB, we took the bail, after that there is no communication either from police or my wife. What is timelimit which police normally take for filling chargesheet and issuing summon. I am a different state which around 3000 KM away. So would tamil nadu police come to delhi or they would send summon to my delhi address. I have adequte proof to prove allegation

 

Also, want to know whether MCD is possible before I year of seperation. if yes, how ..



 7 Replies

Praveen Goud Vanga (Advocate)     09 March 2011

hello there

ur 2nd query about MCD is not possible within 0ne year of your marriage u need to make application after one year

 

usually police take some time file the chargesheet and by the way of all the averments made by your wife and false and if u can reasonably prove them u can file a quash in the high court and this also gives u good time as high court will take years to dispose the matter

 

summons will be sent to your address which is mentioned in the complaint (which your wife submitted)

1 Like

shilpa (advocate)     09 March 2011

hi

before completion of 1 yr of ur marriage  u can not  go for divorce is the general rule.

and as said by Mr.praveen tht summons will be sent to u according to the address mentioned in the complain by ur wife.

1 Like

prashant pundhir (Criminal Lawyer)     09 March 2011

Maximum time limit for filing chargesheet is 90 days from the date of lodging FIR . After this period the dischage

application can be given to the megistrate concerned . The court shall presume that the I.O does not found sufficiant evidance to give the charge sheet,and will discharge the case .

1 Like

prashant pundhir (Criminal Lawyer)     09 March 2011

If the chargesheet have been filed by the police , then the summons will be send to the address which is

in the FIR from court by the local police station .

1 Like

wifebetrayed (service)     10 March 2011

one clarification,

IS mcd possible after 1 year of marriage but before 1 year of seperation bw wife and husband. Wife lawyer is forcing us to apply for MCD is distict court even before one year of seperation.

 

If my understanding is right, police would issue summon not arrest. does police examine photo and audio evidence before possible arrest or it is done at court.

prashant pundhir (Criminal Lawyer)     10 March 2011

Dear, Police will not issue the summons,but it will be issued by the court and reach to you through

local police station of your area . Summon is just an information by the court regarding the case

concern .Police can not arrest you on summons ,not even on BW . But if  you does not appear before 

the court ,NBW will be issued against you and police get the power to arrest and present you before

the court .So keep in touch with your case and in the touch of the forum too .

Wishing  you best of Luck .

1 Like

wifebetrayed (service)     10 March 2011

well seems like police was waiting for my blog

got call from them yesterday, asking us to exceute the AB we have got, only chalenge i face in bail is that , one of bail condition is i have go to police station every week, i am 3000KM away and it not possible for take leave every week and travel so much.

 

can this be reason for cancellation of bail ?, I have enough proof what they have said is incorrect, but what to understand whether person can be put in jail without getting chance to prove facts.

I have not yet received copy of FIR, i have the fir number, is there anway i can get copy and prepare my defence.


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