Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

All false allegation from the side of my wife

Dear friends,

Hello

I have taken many valuable suggestions from this site many times, thanks a lot. Sir I filed a divorce case in Ghaziabad court (UP) on 1 feb, 2011 under mental crulity. Actually I left the home in march, 2010 due to mental disturbance in my nuclear family with wife and 2 sons. I used to visit at home only for 15-30 minutes to meet with my kids by calling them outside from home. About 10 days back a policeman came to my home and showed me an application from the side of my wife through SSP office having all false allegation on me like murder attempt on my wife, broken the crockries at home, too anger nature etc.....I visited last to meet my kids on 5 April, 2011. After this date I never passed from this side and didnt meet with kids. The policeman said that he has to prepare a report of this application and then he will sent it to the CAPTAIN / SSP. I have all the proofs that all these allegation are false.

Is any chances are there to convert this application as an FIR? Can I should take some precautionary steps to stop FIR? If FIR occurs then what type of steps I should take now?

Thanks.



Learning

 10 Replies


(Guest)

SIR,

KINDLY NOTE THAT.

1.COMPLAINT IS ALREADY FILED AGAINST YOU AND HENCE POLICE CAME.

2.YOU ARE LUCKY THAT THEY HAVE NOT ARRESTED YOU.

3.YOU HAVE TO BE SERIOUS AND CAREFUL AND IMMEDIATELY APPLY FOR ANTICIPATORY BAIL TO THE DIST AND SESSIONS COURT IN YOUR AREA AND ALSO PRAY FOR INTERIM ORDER OF BAIL TILL FINAL HEARING OF THE MATTER. ONCE YOU GET ANTICIPATORY BAIL YOU ARE SAFE AND POLICE CAN NOT ARREST YOU. YOU HAVE TO KEEP SURETY DOCUMENTS AND ONE SURETY READY TO SUBMIT AND COMPLY THE ANTICIPATORY BAIL ORDER OF SESSIONS COURT.

4 TO BE ON THE SAFER SIDE TILL YOUR ANTICIPATORY BAIL APPLICATIONIS PENDING AND TILL YOU GET INTERIM ANTICIPATORY BAIL ORDER FROM THE SESSIONS COURT ,IT IS ADVISIBLE FOR YOU TO IMMEDIATELY SHIFT FROM YOUR REGULAR PLACE OF RESIDENC FOR ABOUT TWO WEEKS AND SHIFT TO OTHER PLACE TILL YOU GET INTERIM ANTICIPATORY BAIL .

YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.GOOD LUCK.

3 Like

Tajobsindia (Senior Partner )     12 May 2011

@ Author 

I fully agree to advise given by Ld. Sawant.

2 Like

Jatin Sapra 9312223345,Delhi (Advocate)     12 May 2011

Hello,

First of all there is complaint against you at PS .You have to give proper respresentation to the PS that you haven't commited any offence.second you have to see the nature of allegation according decide whether you move for Anticipatory Bail or not.

You can not stop police from registering FIR.Its the police who can reach this conclusion that no offence has been commited hence No FIR.

1 Like

Advocate M.Bhadra   12 May 2011

Dear Bansal ,please note the following, 1)you should get information about the F.I.R.through lawyer. 2)left residense for about a month.3)file a petition U/s 438 Cr.P.C. by a lawyer for anticipatory bail to the District Court or High Court.    -------advminansu@gmail.com  /  +919836589246.

2 Like

(Guest)

Sir as you know there is no anticipatory bail in UP. Please tell me the proper solution.


(Guest)

Sir as you know there is no provision of anticipatory bail in UP. Please tell me the proper solution.

vivek (-)     13 May 2011

in up there is stay arrest given by highcourt but their u need FIR copy in which charges against u mentioned.u get copy from policestaion by your lawyer if polce has frame charges against u, if no charges framed put your viewpoint in written to io officer as police is only interested in bribe so negotiate it.

ashwani vij (head)     06 June 2011

well be cautious ur wife is out in vengence get ready wd all ur doccumnts n proofs may b u have to get ur arresr stay frm allahbad high crt dun take thngs lightly

Ranjeet Singh 9654630139 (Practicing Advocate)     21 June 2011

First you will have to chack stock of the situation through an advocate and kith and kin that FIR has been lodged or not. becuse whenever police did not lodge the FIR and make the enquiry a simply a compliant latter which is written by her for taking the pribe. so first step u have to chack it and during the time ypu should away from your home and police.

Amit Parmar (Junior Lawyer)     22 June 2011

Mr. lecturer

           According to me there is no need to worry at this stage but you have to be carefull as the police officer was having an application filled by your wife that doesn't mean that an FIR has been loaged against you. I think that the police is doing investigation at this primary stage in respect of the application and during this period if they came to know the truth above your aliby and other evidence from the local area of the offence conducted and satisfied by your statement at this primary stage then, during this circumstances they might not even file any complaint against you . so at this stage i dont think that you should abscond and try to take any AB , but should clear the dispute to the investigating officers ......


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