LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

498_final stage (Professional)     25 October 2012

498a - fir registered and sent to court.

False 498a is registered in Ghaziabad Mahila police thana against me, my father, mother and elder sister. According to the police it has been sent to court on 18th October 2012. However our lawyer says that it has not reached the ghaziabad district court yet. 

Can you tell us if it is possible for FIR to take that much time to reach court? And within this time period can me and my family be arrested by the UP police? 

We have submitted our surrenders but we can only get bail once the FIR is there against us. Can you help us understand the situation?


 16 Replies

surjit singh (Assistant)     25 October 2012

Go to the Gaziabad court and check out whether any case has been registered or not generally a GD entry is made with the concerned police station and then on preliminary enquiry the case is registered and then immediately it is sent to the concerned CJM court. Check out yourself in the CJM court and assured.

ADV. VARUN DABAS (lawyer)     25 October 2012

don't be slow because 498a cases are session trail and also non bailable,your advocate adviced u wrong if you want to be safe than pls check the fir and file anticipatory bail application

498_final stage (Professional)     25 October 2012

Our Lawyer has verified from the court. His chamber is infront of the court so he is following the matter closely. Also we have submitted our surrender already (this includes me, my father, mother and elder sister).  But unless FIR is not seen lawyer can not move ahead and look for our bail.

I have asked our lawyer many times and he has the same answer. Is this how things work in Ghaziabad court?

ADV. VARUN DABAS (lawyer)     25 October 2012

any call or any summon received  by u from police station or court

498_final stage (Professional)     25 October 2012

No. there is no call or any summon received by us from the police so far. 

ADV. VARUN DABAS (lawyer)     25 October 2012

so how r u say that, any fir  is launch against u

498_final stage (Professional)     25 October 2012

Because we called by the Mahila police thana for mediation and she gave us 2 days to resolve the issue. But didnt go up to the mark. The IO said that FIR is lodged. I went to meet her with my lawyer and she told us that.

varadg (nil)     25 October 2012

apply for the FIR  certified copy...RTI

498_final stage (Professional)     25 October 2012

I asked them for the copy but she said that she does not have the copy and the only way to see the FIR is when it reaches to the court. 

Nitish Banka (lawyer)     25 October 2012

you will recieve summon to appear before the court.later can approach high court for quashing FIR

498_final stage (Professional)     25 October 2012

But the lawyer is confident to get the FIR from the court itself and then ask us to surrender. The papers are already ready for this. So I dont understand why the summon would reach home?

And is there any chance to get arrested by the mahila police since we still dont have the bail with us?

Chetan Joshi (Advisory/Advocacy)     26 October 2012

WIll filing a Judicial complaint help?

498_final stage (Professional)     26 October 2012

Judicial complaint in Ghaziabad would be like "Paani mein rahkar magar se bair." Though its a good idea but I dont think anyone specially from groom's family would like to follow it. 

498_final stage (Professional)     26 October 2012

Just came to know from my lawyer that the FIR has reached Ghaziabad court. The lawyer has already submitted our surrnder papers. Now we would need gurantors. 

Can you tell us what is the eligibiligy criteria for a gurantor paying for the bail? And how many gurantors are needed per person in Ghaziabad court?

In other words what documents are acceptable from a gurantor in the court?

Kindly help.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register