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Abhinav Kumar (Law Student)     14 September 2016

Arrest warrant and chargesheet

Hi Sir/Madam,

I have a few question, if you can help!

My wife has filed cases under 498a, 323, 504 and 3/4 DP Act over me and my family. AB is granted for my parents and my petition is in-process.

Questions:

1. My father and mother have some health issues because of which they didn't go to furnish bail bond, as my case is 1000 km far from my place. Bail order says "Bond to be furnished within 15 days from the date of receiving the order in case of surrender or arrest". But after few months, we went to that police station where FIR is filed and submitted bail order to I.O. Is it enough or do we need to take any other action?

2. In my petition, judge is forcing me to take my wife back else he will reject the bail. As, she has filed false case against my family I have threat that she will file cases again and I don't want to take her back. What should I do now, it's more than 8 months passed and bail is neither get rejected nor granted. And I am visiting the court in every 15 days, which is affecting my work in office.

3. I.O. said she will file charge sheet after I get bail and if it gets rejected she will take warrant against me. What should I do if my bail get rejected?

Please advise me anything which can help me in my case.

Thanks in Advance!

 



 7 Replies

adv.bharat @ PUNE (Lawyer)     14 September 2016

Abhinav ji

1) it is enough

2) Insted of waisting your valuable time listen what judge say and act acordingly other wise face the consequences.

3) U need to surrender before the I.O.

If u like my suggesation then give THANK on my profile.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 September 2016

Dear Quest,

 

1. My father and mother have some health issues because of which they didn't go to furnish bail bond, as my case is 1000 km far from my place. Bail order says "Bond to be furnished within 15 days from the date of receiving the order in case of surrender or arrest". But after few months, we went to that police station where FIR is filed and submitted bail order to I.O. Is it enough or do we need to take any other action?

 

Please surrender before that trial court and furnish all bounds written in the AB order. 

Please also submit copy of this AB order in this trial court.

 

 

2. In my petition, judge is forcing me to take my wife back else he will reject the bail. As, she has filed false case against my family I have threat that she will file cases again and I don't want to take her back. What should I do now, it's more than 8 months passed and bail is neither get rejected nor granted. And I am visiting the court in every 15 days, which is affecting my work in office.

 

 

There is no law in India that can force you to take back your wife against your will. I am seeing that AB is granted from the upper court of this trial court.

Please submit this order of AB in this trial court and surrender before if and furnish all bounds written in the AB order within 15 days. This trial court has no power to reject this AB order which is granted from upper court.

 

 

3. I.O. said she will file charge sheet after I get bail and if it gets rejected she will take warrant against me. What should I do if my bail get rejected?

 

 

This trial court has no power to reject this AB order/bail since is is granted from upper court (District/Session Court). Please make sure to surrender and furnish all bounds within 15 days. Please also submit copy of this AB order in this trial court.

 

https://www.facebook.com/RockySmith4Calcutta/

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 September 2016

Please never take her back and speed up your AB. If required file Speedy Trial in HC for your AB. 

You have right to not stay with her against your will.  

 

https://www.facebook.com/RockySmith4Calcutta/

Siddharth Dev (Advocate)     15 September 2016

nothing to add

Siddharth Dev (Advocate)     16 September 2016

should i retype as added by adv.bharat @ PUNE

Abhinav Kumar (Law Student)     22 September 2016

Here is my conclusion after reading all the comments, please correct me if I am wrong anywhere. It will be a great help!

Conclusion for 1st Point: Bharat said submitting bail order to I.O. at PS is enough and I don't need to furnish bail bond with surety at court. As, it the case of Anticipatory Bail.

Conclusion for 2nd Point: We need to follow judge's order but as I am not at all interested in taking her back. I am ready to face any challenge. If judge rejects my bail I will go to higher court and seek for bail from there.

Conclusion for 3rd Point: If magistrate issue's warrant without any necessity then how can I take action against magistrate because I have not done any crime and FIR is truly on imagination and without any fact. I have joined investigation and fully supporting I.O. Regularly, I am going to court on hearing. Under what grounds I.O. can ask for warrant. If I.O. takes money from my wife and get warrant from magistrate then I want to take action against I.O. and magistrate both. Please guide me how is it possible and what action I can take against them?  

 

sai narayana   22 September 2016

First get to know what is in the mind of your partner, is she really interested to come back after all this drama. If not, then tell the judge you are always ready to take her back and she is denying it.

The bail can be cancelled only when the conditions in bail are not obliged otherwise you can approach higher courts.


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