Appearance of all persons


Dear Members,


False IPC498a,506(2), r/w DP act  (4) was filed on April, 2008 against me and 5 of my family members.  Family members got AB, ringht now I am out of country.


So far (4 months) the police did not do any investigation to get statement from my family members, but told my mother that your son should come down to this country then only we can send your case to the court.


Why they are looking for me, because this is  a false case, nothing to investigate with my family members, once I go there it is easy to threaten me and achieve their motive. If they are honest why don't they do proper investigation with falsely accused available members and file B report for them ?


Is it not practicable to the court  to run this trial for available persons and keeping my case aside until my appearance?


Becasue the absence of one person, why others should wait to get their timely justice? and live everyday under the stigma?

 
Reply   
 

Why do you worry much.  Your family members got anticipatory bail from the court and their presence is not required.  You are out of country.  Whether the complaint is false or true, it is for the court to decide.   Law does not empower the Court for  giving any directions to the police to file final report within a specified time.   It is for the police to file report whenever the investigation is completed.  The only alternative is, either you have to surrender before the court and obtain bail and face trial  or to see that the police filed final report  stating that their investigation revealed that it is a false complaint taking into consideration your absence at the relevant point of time etc., 

 
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Advocate

As your family members got anticipatory
bail there is nothing to worry. The police after completion of the
stipulated period will file chargesheet showing you as absconding, then
the court will issue NBW to you. But as you are out of the country the
chance of executing NBW against you is very thin. Unless untill event
like your passport expires and you must come to country for renewal of
the same. Now coming to the point of the case, the court will wait for
some time and ultimately will separate the case and will commence the
trial against your family members. Take my word 80% of the 498-A cases
are acquittals. If you dont believe me visit www.498a.com, where they
will list all the acquittal cases of 498-A. If you still want any
further clarification you can mail me at s_bsst@yahoo.com or can call
me at 94401-20259. All the best for you.

 
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Advocate

Dear Atma,


The police can file the final report/charge sheet with out your presence or arrest or questioning. After the filing of charge the process will be issued to you from the court. If you are absent then the case will proceed after complying the declaration steps and you will be declared as absconded. There after your apperence bfore the court may cause hardship to you by the rejection of bail considering you as an absconding accused. The prosecution may oppose the bail application on the same grounds. That means you will stick at home for some time and the hunting of  the mental agony of your keeping in jail if remended by the court. The better solution for you is to appear before the court  and take bail. You cannot escape from the process of law even if it is a followup action of false complaint against you and your family. Abide by the law. Take bail. Then only think about an acquittal or coinvistion in the case. To that extend of surrender to law you have to worry. Good luck.

 
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Thank you Sirs. Thank you for your valuable suggestions.

 
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In the FIR most part of the story has been fabricated around in US. No food, disconnected phone, beaten every day, locked inside the home, asked car for my sister etc. also my sisters called from india and instructed me to demand car  and how to beat her in the home.


By the way she (complainant) is well educated (Ph.D) and able to call police or get help from the neighbours. Even in India she did not file complaint immediately after her arrival, she filed complaint after 7 months.  When I visited India and tried to solve the family issue, she and her father falsely accused me that I tried to kill my 10 months old son, then they filed complaint  dowry, 498a story starting from engagement day on 2005 to april, 2008.


I wonder how the indian police will investigate these false complaints that happened in US and send report to the court?!  Dont they think there is a very good police and legal system in other countries too.


My advocate told me that police dont do any investigation they just transfer the FIR content to report and will send to the court !  Is this the way of  "Police Investigation"?

 
Reply   
 
LAWYER

My Dear Aatma,




 


In your case it is quite clear that if a case has been registered under Section 498 A it will run its own manner before trial court. But you have to face and make strategy regarding trial proceeding. First of all I would like to advise you please challenge the entire criminal proceeding before Higher Court in respect to other member of your family, certainly you will get sucess to quash the criminal proceeding except to you. At present In India the Apex court has become some liberal views regarding $98 A cases. You can copntact me at my personal E-mail address as aruadv@rediff.com.

 
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Retired

 Dear Sir,


First of all thank Rajiv Gandhi. Secondly read the lamentation of the Chief Justice of India only two days ago. We have liberated women, haven't we. Given them equality, liberty, economic independence, education. What is the problem if they take over our property and send all of us to jail?

 
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