After 2 years I have an update to my case.
Hi I was falsely implicated in 498a dowry harrassment case by sister-in-law.She filed the case in May 2011.Case details:
A1-my elder brother,
A2-me (brother-in-law) and
Our advocate has got the anticipatory bail first for A2 and A3(for me and my mother).Then, for A1 bail he got a district court order which said-dispose the bail petition of A1 on the same day filed. So, with this order A1 also got the bail.Afterwards, we have appealed to speed up the court proceedings with my career as the prime reason. The magistrate accepted and finally after the cross examination of all the witnesses, then arguments.On safeside our advocate has filed the written arguments, keeping the future in mind.Then,finally the magistrate informed us saying the case is striked off against three of us in October 2014.So, Im really thankful to my advocate for helping us . Initially I was little scared but he has greatly helped us to prove the case as a false one.
Now, its been a month and recently our advocate informed us that the complainant is trying to go for an appeal on it.So, I have few doubts :
1. The magistrate informed us that case is striked off and wriiten on the file.But nothing in print document type is given to us. So should we apply in section office to get a order copy or any other process is to be followed?
2.What is the time duration during which the complainant can go for an appeal on this?
3.In case if appeal is filed, what is the next procedure to be followed?
4.As I mentioned earlier, I joined a software company.Now as per the job experience,I'm eligible for US or Europe Visa process to travel there and work.Till now I was not sure about when the case will be solved, so I didnt apply for the passport itself.But now the case is striked off.Im planning to apply for visa process.So,I need to apply for passport now.So, can I apply for a passport now? My advocate says I can apply for it but while filling application i found these questions--
1.Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending
before a court of India? Yes or No
2.Have you at any time during the period of 5 years immediately preceding the date of this application
been convicted by a court in India for any criminal offence and sentenced to imprisonment for two
years or more? Yes or No
What should I fill the answers for these questions. I heard if i fill yes sometimes passport is rejected and in some cases no Visa is given to such candidates so please help me on the above questions?
My advocate has advised me to fill as Yes but Im hesistant to do so please help me if you have solution for this. I have few weeks time to inform my manager about my passport status.
Thanks in advance.