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Puneet (Victim)     28 March 2015

498a process after ab

Wife filed false 498A case against my whole family and FIR got registered.The  AB first  got rejected at Lower court and after 1 month now we  got AB from HC and during this period we went on hiding.

What is the next process is the police going interrogate us and will we get in trouble for hiding during the AB procurement.


Do we have to attend the police and courts regularly.

I heard that after one gets AB it is almost like winning over 498a and 406 is that right ?



Learning

 3 Replies

dr.pawan rajyan (member and secretory)     28 March 2015

Look on what conditions ab is given.support io in investigation and wait for chargesheet.

Puneet (Victim)     28 March 2015

The condition for AB is none of us should leave India.

 

Also during the AB process her lawyer fought against it in court so it was rejected.

 

If i understand 498a is a state case which needs to be addressed by a Public prosecutor then how can her lawyer come and fight during our AB process and get it rejected.Does that mean her private lawyer can fight the entire case without a PP or a Public Prosecutor is only an option.

T. Kalaiselvan, Advocate (Advocate)     01 April 2015

after obtaining Anticipatory bail, you have to get your regular bail executed and enlarged accordingly.  Subsequent to this, on summoning, you all may have to attend the police station for investigation, if  not the police may recommend for cancellation of bail for not cooperating with the investigation.   After the investigation is completed, the police will submit the charge sheet along with its report o the court where in you have to appear, contest and challenge the criminal case accordingly  through your lawyer (if engaged).

As far as objecting to the grant of AB, her lawyer can very well do it on her instruction through a vakalatnama, there is nothing wrong in it.  The defacto complainant is entitled to raise objections to the grant of Anticipatory Bail to vent out her grievances and apprehensions of the accused tampering the evidences if let out on bail. This is routine.  There is nothing illegal about it.  However, when the case is fixed for trial, only the public prosecutor will take care of the same and her lawyer with the permission of court may assist the PP during trial on behalf of the defacto complainant under the provisions of criminal procedure code.


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