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Vishal (Lead)     22 May 2011

498A Question

Hi All

  My wife has fabricated false 498a case against me & parents. I had already filed the RCR (Restitution of Conjugal rights) 2 weeks back. Also, informed the police prior to the FIR that the girls side are planning to file false FIR to extort money. Also one of the NGO (All India Crime Reforms Org) was informed.

I got the Certified copy from the court and applied the Stay on Arrest in Allahabad high court and planning for bail.

My Question to all the friends:

Some one told me that after getting the bail Police will prepare the Charge Sheet and then they will come with Arrest Warrent and I've to stay in Jail for one day and then court will provide the bail again. Then case will proceed.

Is this information correct. If yes ..then is there any way to save myself from Jail. ?

 



Learning

 11 Replies

Karl Jacob (Partner/Advocate)     22 May 2011

Greetings,

If you have an Anticipatory Bail, You will not be put in jail. You must just cooperate at the time of investigation. The best option is to quash the F.I.R.

Moreover, when a RCR is pending, its a civil dispute and police can be explained to stay out of the dispute due the pendency of civil litigation.

1 Like

Vishal (Lead)     22 May 2011

Hi Karl.... In UP we dont have AB ...here we have Stay on Arrest. So how the things will work in that case.

adv. rajeev ( rajoo ) (practicing advocate)     22 May 2011

"Stay on arrest" there is no provision in Cr.P.C. to stay the arrest. Whatever you hae got is anticipatory bail.  While granting the AB court might have put some conditions go thru., it and comply those conditions.  Normally within a week you will to appear before the concerned police station to get the bail and after that you will have to appear before the proper court to apply for regular bail, if you failed to comply these orders you will have to face the consequences.  And recently ruling has come i.e., once AB is granted it is in force till the disposal of the case.

Vishal (Lead)     22 May 2011

Hi Rajeev...

Thanks for providing valueable information. This means once obtaining Stay on Arrest or rather AB ...even after filing of Charge sheet by the IO no arrest can be made as "once AB is granted it is in force till the disposal of the case."

ramprasad reddy. pottipati (Lawyer)     22 May 2011

You can fileaquash petition before the Hon'ble High court to quash the proceedings and also you can seek interim stay proceedings including the arrest when there is no prima facie case against the accused. 

Sanjeev (Lawyer)     22 May 2011

@Vishal- You would have filed Criminal writ petition under article 226 persuant to which Arrest stay is granted by HC Allahabad and cases are refereed to Mediation centre allahabad with a condition that you would deposit a certain sum approx Rs 8k for mediation and expenses to call your wife for mediation. The stay of arrest remains in force and police can not arrest you.

After Mediation if it succeeds the FIR will be quashed and no need to secure bail but if it fails the mediation report is submitted to HC and on listing the HC will decide on your case. The FIR cant be quashed at such stage so the case will be dismissed and you can secure interim bail orders from HC that would say that you will be granted Interim bail on appearence and final bail hearing date will be given on that day itself.

Its better to apply for regular bail after mediation and after securing directions from HC as else there would be chances of arrest on appearence. Firstly whats the status of your mediation and secondly see if your order says that chargesheet should not be filed.

Sanjeev (Lawyer)     22 May 2011

@ Adv Rajeev- There is a concept on Stay of Arrest in UP - This is persuant to filing criminal writ petition this dont work like AB.


(Guest)

Hello

498 was filed last year against me & my family. I got Divorce. Now we have to submit petition for quashing 498 in HC but my lawyer is not sincerely trying to file the petition. He is making following excuses:-

  1. Girl has not signed the petition.
  2. When She signed, then he says there is an objection on present format of petition because there is a change from Feb-12 onwards.
  3. Now he says that girl has not submitted her photo & present resident proof.

We don't understand when we have paid his full fees in advance then how can my lawyer forget basic things before filling the petition in HC.

Can you please guide me with course of action in such cases.

Thanks

ravi (CS)     20 March 2012

 

I have received a summon of 498a via private complaint, but we have not accepted it yet.and even the girl left the house 3 years back and now they are filing it. when the girl left the house in 2009  we gave a report to the police that time that they are torturing us that they will file dowry cases, as their are lot of provisions for girls we have evidence of their letters that their were no demand for dowry, can we goo 4 quash..or what should be our initial steps.

Please guide with your valuable suggestions.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 March 2012

Normally in UP  instead of AB stay of arrest is granted by HC.

Quash is noramally not granted unless you do proper home work.

ravi (CS)     21 March 2012

 

I have received a summon of 498a via private complaint, but we have not accepted it yet.and even the girl left the house 3 years back and now they are filing it. when the girl left the house in 2009  we gave a report to the police that time that they are torturing us that they will file dowry cases, as their are lot of provisions for girls we have evidence of their letters that their were no demand for dowry, can we goo 4 quash..or what should be our initial steps.

Please guide with your valuable suggestions.


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