Anis (Asst. Manager - Sales) 11 April 2012

Ab in false 498a case

Today was the hearing of my AB Application. The hon'ble Sessions Court Pricipal Judge just read the FIR and she got angry on us and said that the allegations are serious like Black Magic, Tarot Card Reading, That my wife was told to take bath without closing the door etc. She ordered us to attend the police station and return the Streedhan articles by 14/4/2012.

Now my worry is that if in AB the Hon'ble Principal Judge has got angry after reading the FIR then during trial also the Hon'ble judge may take the allegations at face value and convict us.

Now the next date of our hearing is on 17/2/2012. We are very tensed after what happened today in Sessions Court as we may get convicted due to the false and vague allegations made by my wife.

Please advise.

Thanks & Regards,

Anis

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5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 11 April 2012

Mr.Anis,

The Judge does not examine the merits of the case while dealing with a bail application, anything said or observed by the judge is NO OPINION AS to merits of the case. The Judge merely looks at the case prima facie (at the first blush) at the stage of bail. But the judge should not take everything at face value - and if allegations are inherently improbable - the judge should have lent no credence to the same.

Anything said by judge here won't affect your case on merits. The prosecution would have to prove it's case to the hilt beyond all reasonable doubts. So don't worry rarely ever does 498A result into conviction.

Feel free to talk !

ajay sethi (lawyer) 11 April 2012

98%of 498A cases result in acquital .

the court has granted you time till 14th appril to return streedhan artilces . comply with said order .

as far as trial is concerned the allegations have to be proved beyond doubt .if you have done no wrong you dont have to fear .

it is better to have an amicable divorce rather than levying allegations against each other . go for divorce by mutual consent

webee (aaaaa) 11 April 2012

Dear Anis,

Join Forums like saveindianfamily.org . Participate and ensure you collect supporters in your local area for the False case and allegations made against you.

It will also help you understand the cycle and harrassments that you will have to undergo over period of time

Regards