498a with 323, 506 and sec 3 dp act


Dear respected experts, my wife lodged fake 498A, 323,506 and section 3 of DP act on me (A1)and my family member (who are not living in the same city) .she got a relative in police. He influenced the women police SHO to register a FIR without any investigation. They hold me in the PS for 4 days without any reason stating that they will produce me in the court next day etc. mean time police indirectly indicated for settlement with huge amount. I did not agree for the same since they already booked the FIR (why should I care) and I was ready to fight my case on merit basis. Later they produced me in court. (They mentioned in remand report that same day only they arrested me)  Judge remanded me. i got a conditional remand bail (need court permission to leave the country) and my family members got unconditional AB. Again my in-laws came to speak for the settlement (since their mission is completed to send me in jail) I did not agree for the same again. Since I am NRI I had to travel back to work the same I informed to my lawyer. The lawyer said since the trial is not yet started and charge sheet is not yet submitted I can go without informing any one secretly. But I have to be present when the summons will come. Now I traveled back to my work in abroad.my questions are

  1. What if I will not go back to India, my family members will be arrested. ??What are the other consequence all we have to face??
  2. Can I complain to higher authorities and media once I come back to India on that SHO and my wife’s relative since without any investigation (even if I showed them enough evidences about the fake allegations )they booked a FIR on me and my family members?? When should I do this??
  3. Whatever allegation she mentioned all happened in other country, I have all the original stamped medical reports and police reports of my evidence from that country, should I need to attest those reports by respective embassies to present in the trail courts??(both India and the country where I am living embassies )
  4. Can I go for the quashing of my case in higher courts since the trial is not yet started with all proofs whatever I have??
  5. Can I use DP act sec 3, 384 of IPC (I have audio recordings of my sister in-law demanding money) on my in-laws also since they mentioned Cleary in FIR about dowry??
  6. Last thing How about if I appoint someone with POA to attend the hearings behalf of me for all the proceedings??

Thanks a lot experts in advance for your valuable replies..

 
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LEGAL CONSULTANT

The first mistake committed by U and UR lawyer is that U left the country without informing the court when U were on conditional remand bail.Whatever are the allegations U have to fight on merits.POA at this stage will not be accepted.
 
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Advocate

Take permission for going abroad from the trail court, that will be allowed and you will be asked to be present in person at the time of charge which comes after the Challan/Charge sheet is presented by the Police in the court, a copy of the same will be given to you through your lawyer.

The prosection will take long period and you can seek exemption from personal appearence at the time of evidence of the Prosecution, cross examination can be conducted by your lawyer.

You can always make statement under section 313 Cr.P.C wherein you can produce all evidence with regard to the falsihood of the complaint and can seek your discharge by the court on the basis of the evidence.

The usual practise is that the trail court proceed with complete prosecution case to prevent any objection by the wife of favoring husband by the trail court by discharging him and his relatives at premature stage. The appeal/revision against the discharge order by the trail court too usually gets decided in favor of wife by appallent Session court/High court.

 
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LEGAL CONSULTANT

Dear Mahajan, The querist has already left the country without taking permission of the court.
 
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ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com

1) Since you have left the country so that stage is over.

 

2) Now forget about media and all that instead contest the case at lower court properly.

 

3) The best way is file revision on some minor issues in sessions court and the matter will remain pending  there till things cool down.

 

PLEASE SHOW ALL PAPERS FOR PROPER LINE OF ACTION.

 
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Advocate

What if I will not go back to India, my family members will be arrested. ??What are the other consequence all we have to face??  

You will be declared as proclaimed offender.  Your family members will not be arrested, in fact at one stage their case shall be split from yours and they may get get their cases disposed while your case shall remain pending.

 

 

 

 

Can I complain to higher authorities and media once I come back to India on that SHO and my wife’s relative since without any investigation (even if I showed them enough evidences about the fake allegations )they booked a FIR on me and my family members?? When should I do this??

You cannot do that, you simply have to contest and challenge all her false allegations during trial proceedings of the case.

 

 

 

Whatever allegation she mentioned all happened in other country, I have all the original stamped medical reports and police reports of my evidence from that country, should I need to attest those reports by respective embassies to present in the trail courts??(both India and the country where I am living embassies )

This is matter of trial, you can take up this during trial in the court.

 

 

 

Can I go for the quashing of my case in higher courts since the trial is not yet started with all proofs whatever I have??

You can go for quash once charge sheet is filed because quashing of FIR is generally not entertained by high courts. 

 

 

 

 

Can I use DP act sec 3, 384 of IPC (I have audio recordings of my sister in-law demanding money) on my in-laws also since they mentioned Cleary in FIR about dowry??

Audio recordings are generally not admissible as evidence.  You can contest the same in the trial court by drilling her during cross examination.

 

 

Last thing How about if I appoint someone with POA to attend the hearings behalf of me for all the proceedings??

There is no provision in law for POA representation in criminal cases for accused.

 

 

 

 

 

 

 
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