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Anudeep Bedi (AM)     24 November 2012

498a filed under 156(3) in ghaziabad

I have confirmed that my wife has given a complaint in ghaziabad court under 156(3) that i have come to her house with a stamp paper and tried to get it signed from her mother to transfer her house in my name. When she did not sign, i beat her. She was saved by her mother and some 'tarun sharma' who was present in that house. while returning i threatened her to kill her and my daughter if the house was not given to me. she mentioned that she had given a complaint in ghaziabad police but no action has been taken. She has also filed the witness of that tarun sharma and her mother in that complaint.

The judge has booked this complaint under sec 498a, 323 and 506 but at the same time refused for 406 and asked to summon me. it is mentioned that the other party should take steps for sending me the process but the same has not been done and neither i have received any summons for that case. that next date of hearing is 26/11/12.

The complaint she had filed with SSP gzb has been sent to delhi dwarka women cell about 2 months ago  with the remarks that the incedent my wife has mentioned about her mother and her house is all wrong and for other matter mentioned in that complaint, it is forwarded to delhi police. Delhi women cell is also going to close the complaint as my wife is not attending the dates in delhi women cell and i am going every week.

What steps i shoud take at this moment specially about 498A. Please advice.


 10 Replies

surjit singh (Assistant)     24 November 2012

Since summon has been issued , in case it is received by you then in that case you will have to appear in the court and place your case and with all the facts about the colsing of the case she filed with the police SSP gzp.  You have not mentioned whether on the applicaton under 156(3) the magistrate has ordered for registering a case to the police or it has accepted your complaint for further proceeding by the court itself.

Anudeep Bedi (AM)     24 November 2012

Thanx Surjit ji,


No, the magistrate has not ordered to register the case to the police. The court has accepted the complaint from my wife and ordered to summon me for 26/11/12 and asked my wife to do the formalities to send notice to me which has not been taken by her and neither i have received any notice till today

surjit singh (Assistant)     24 November 2012

When you have not received any notice till date in that case it is not necessary to appear in the court yourself.

Anudeep Bedi (AM)     24 November 2012

what after receiving the summons. will i get the bail under 498a without being arrested. im in govt. service and my arrest can effect my job a lot.



surjit singh (Assistant)     24 November 2012

In cases under 498A there is a very recent supreme court judgemnet where it has been directed the police authority as well as the lower judiciary to act very catiously in such cases. Ask your lawyer to go through this judgemnet and I am sure you are going to get bail on your appearance.

Sudhir Kumar, Advocate (Advocate)     25 November 2012

Custody above 48 hours will leave to deemed suspended. As long as the case remains pending yo will nto get promotion, deputation, ACP, SG, VR.


On next date you will to apply for bail if not willing to go in.

Nadeem Qureshi (Advocate/     26 November 2012

Dear Anudeep Bedi no need to worry about this, if the court passed an order to send you the notice or summons, this is not a case u/s 156(3) Cr.PC it is a case of criminal complaint u/s 200 of Cr.PC and the court would passed an summening order against you.

bail is a matter of court discretion but recently the SC passed an oredr in which the SC held that the bail is right and the Jail should be exeption.

you can contact personally or over the phone, 

Anudeep Bedi (AM)     26 November 2012

Thanx qureshi ji. is this related to 2g spectrum matter. please add the link if you could find that. thanx again. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 November 2012

Bail is a matter of discretion always, however in summon case, you would be granted bail as a matter of right.




Shonee Kapoor

1 Like

Anudeep Bedi (AM)     28 November 2012

Thanx Shonee ji

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