Rahul Choudhary 21 January 2016

Anticipatory bail and house kudki

I live abroad and my wife returned to india 6 months back now recently I received an email from gmail account with Subject: Request letter for personal appearance CAW Cell and word file attached a letter saying :

OFFICE OF THE ASTT. COMMISSIONER OF POLICE CAW CELL

DIST , P.S ,NEW DELHI

(Request letter for personal appearance)

Complaint of No. Dated

Complaint of Smt. r/o New Delhi.

The below mentioned person(s) is/are requested to appear before the undersigned for enquiry into the complaint of above complaint submitted against you. Hence, you are requested to appear before the undersigned on P.M_A.M/P.M in her office at the address mentioned below. Kindly report the enquiry officer W/SI on dated

ACP/CAW CELL /.

As can be seen no names given in letter. So after talking couple of lawyers since I don't want the settlement I ignored the email. After the hearing date I again received a similar email for next hearing which I again ignored.

Our family lives abroad but we have a house in delhi where we have our relative living there. A day before the second hearing our relative received a phone call from police officer asking for me my relative advised him that i live abroad police officer simply said please tell him that whenever he's in delhi he needs to visit CAW Cell to meet his senior officer.

After a week or so from the second date my relative again received a call from same police officer saying he wants to serve the summon which my relative declined saying that since I dont live here he can't accept the summon but the police officer said he will put the summon under the door. --- Now can someone advise me the difference between the first two letters and this summon? Our relative not yet opened the summon.

Basically my wife wants me to come to india and get me arrested. I just don't want to come to india and I basically wants the FIR to be registered and fight the case. I don't want to give any money to her and buy the MCD. I have already spent all my earnings in this marriage. As I can smell she wants me to come to India and put pressure for MCD.

As I said we have a property in India under my mother's name. What will happen if I dont appear for any CAW Cell hearings and then the case forwarded to court Can they seal the property ?

And when can I apply for anticipatory bail?

Thanks

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3 Replies

(Guest)

your wife has fixed you in fake case. you ignore email and phone call. this shows that you might be guilty. if you ignore summon court can seal your property to get you back here.

you appear before caw with a lawyer and if your wife ask for a mcd. just grab the opportunity.

Rahul Choudhary 21 January 2016

Thank you both I can only say that we haven't beaten or taken any dowry. My sole aim is to drag this issue so she loose her patience.

Vijay Raj Mahajan (Advocate) 21 January 2016

Court order for attachment of the property of the accused under section 83 Cr.P.C, against whom proclamation under section 82 of the Cr.P.C has been made can be made only if the court is satisfied that the accused person against whom proclamation is issued is about to dispose of the property in question or remove the property from the local jurisdiction of the court, in your case the property is in your mother's name, till date no FIR registered against your mother, and your mother has not been served court notice to attend criminal prosecution so no question issuing any proclamation under section 82 Cr.P.C made against her.

As far registering FIR against you for dowry demand, cruelty under section 498A, 406 IPC etc.is concerned, the Police will not do so unless it is completely satisfied sufficient evidence exists against you that can get you prosecuted and sentenced under the penal provision, mere lodging false complaints by most wives in the Indian societies being encouraged by local lawyers as well member of the Women Welfare Organizations has been taken very seriously by the Indian courts and the Police departments, precaution is being taken now by the Police authorities before registering the FIR just on the complaint of the wives. More So prior notice under section 41 and 41A of the Cr.P.C that are being sent to you is a requirement that is first step before moving forward with the complaint of the wife, followed by recording of statements of both parties, collecting evidence based on which prosecution can be proceeded against the accused, and after that if the Higher Police official of the rank of not less than Assistant Police Commissioner comes to conclusion the FIR need to be registered and accused person prosecuted for the crime than only the things move forward otherwise the complaint is closed and complaint wife informed about it.

You are in contact with some lawyers who are not guiding you properly in the matter hence you are confused.