LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Dhanurdhar (MM)     03 November 2012

498a misuse relative nbw issued

Dear Folks,

 

Indeed I need help from your ends, I was newbie about 498a case but later it comes to my knowledge that it is widely misused by women and now it's a licensed weapon for blackmailing and harassing husband family even this stupid law is also embarrassing women like mother, sister etc of husband family. But Lets what we can do that why we proudly announce ourselves as we are  Indian off course for this we well-known in international community. Any way I would like to tell you my mistake, I  joined an Indian wedding ceremony of my relative in India, I went there and attend the wedding and after couple of days I returned back to my resident country, but later I know from my relative that his wife has filled my name in 498a case. I was sure about myself, when I never went and never harras any one they why I will victim? who make this stupid law? they ever think about the disadvantage or else?

Now the situation is that the lower court has issued the NBW against me... so please any one can guide me

1. I should go to India and handover my passport to the Judge? and wait for final decisions of 498a case and then only I return to my resident? in such situation how about my family? who will bear the expenses?? who will look after them? should I report this to Ministry of foreign affairs and tell them about this misuse of 498a?

2. I think this b*tch father is high ranked police officer and he may use his power in impounding my passport.

what do you think please give me a good Idea...so that it really help me.

D.K.

 

 



Learning

 11 Replies

prashant pundhir (Criminal Lawyer)     03 November 2012

Just take the certificated copies of fir, chargesheet and summoning order passed by the magistrate and file writ u/s 482 cr. P. C for quashing the summoning orders as according to the law, before issuing process, a prima facie case must be there against whom the magistrate is issuing process.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 November 2012

It would depend largely in which state the case is in.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 

Handphone: +91-8010850498

Email: harassed.by.498a@gmail.com

 

Yahoogroups: https://groups.yahoo.com/group/sahodar 

2 Like

Dhanurdhar (MM)     03 November 2012

Dear Sir,

Please may i know what is meant of prima facie? sorry I  have no much knowledge about law.

With regards

D.K.

Dhanurdhar (MM)     03 November 2012

Dear Shonee Sir Ji!

the case is pending in Agra, UP

With Regards

D.K.

Dhanurdhar (MM)     03 November 2012

Dear Sir,

I have proper evidence and Visa stamp on my passport which shown clearly the date as I m iving Aboard from 2003 and I returned back to my resident country after 2 days of marriage..(Immigration arrival stamp to my resident country).

Sanjeev (Lawyer)     03 November 2012

Then as advised file Quashing petition in Allahabad High Court - providing the proofs that you havent been in India since the marriage but you need to look at the FIR or chargesheet to look for what are the specific allegations that have been mentioned against you in the FIR or chargesheet.

 

The success of Quash petition depends on the allegations against you.

Rahul Kapoor (Legal Enthusiast)     04 November 2012

first get stay order on your arrest from high court through a lawyer then proceed further.

 

regards-

rahul.gogreen@gmail.com

Sreenivas V (S/W)     04 November 2012

Hi

Stay in your resident country untill you know the details of the FIR. As anyway other people are in INDIA only anyway they will go for bail and afterwards they will apply for bail. So in that process you will know the details of FIR. Based on the FIR details you can go for quashing it in High Court

rajiv rajan (rr)     04 November 2012

As the case is UP. AB is not available for you. 

1. Go to quash the FIR under CrpC 482 or go for stay of arrest under Crpc 226/227.

2. Take help of good crimnal lawyer in UP.

3. If u go for CrPC 482 try for order for same day bail.( Lal Kamlendra Vs State of UP or Amravati Vs State of UP)

4. U can also help from attach judgement of SC.

5. If U can mail me in My ID rajiv.rajan@rediffmail.com give name of good lawyers in HC Allahabad.


Attached File : 634555134 2012 stpl(web) 606 sc.pdf downloaded: 120 times

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2012

In UP, you should file for quashing and stay on NBW.

 

The matter would be referred to Mediation, where you can come and show your bona-fides, then getting bail would be lot easier for everyone.

 

Regards,


Shonee Kapoor

prashant pundhir (Criminal Lawyer)     09 March 2014

Just take the copies of f.I.r. , cognizance and charge sheet . File writ u/s 482 cr.p.c. to at high court Allahabad for quashing cognizance .

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query