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Mohit (XYZ)     23 June 2013

Chargesheet

Hi for all in LCI,

 

498A case against me ,my Father  and my mom, sis, bro also implicated .FIR filed.Our bails rejeceted in Session court but pass in High court as ordered to cooperate with investigation machinery, when they require and do not temper the witness. FIR by bride side Huge and false

 

After getting bail us, in short period of time IO file a chargesheet one sided and stated that accused are not supporting investigation and always absent when they require ......which are wrong and false.

 

So i ask, by this IO statement what what will happen in court ? by this statement court can cancel my Anticipatory bail and Can police arrest me after filing of chargesheet is it possible ?

 

what happen ???



Learning

 19 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 June 2013

I think police mighy; have bribed by your opposite party.  It is better to approach high court challenging the FIR, if there is any loopholes in the FIR and get stayed the proceedintgs.

1 Like

MohammedRaffiq Bijapur (Advocate)     23 June 2013

Have the police presented application before filing c/s reporting ur non participation in investigation. verify the same and challenge the final report. 

Also look into the conditions imposed in anticpatory bail. If no such condition is imposed than dont worry arrest cant be ,,

1 Like

Harsh (Manager)     23 June 2013

@author

it is always possible to the IO to write a very adverse chargesheet against the accused. But without evidences, it will not stand.

Was there any attendance register in PS? Even if you visited a 100 times, he can say you visited only once.

If you didnt really cooperate with investigation, IO would have taken steps to ensure you cooperate or your bail is cancelled. If he didnt apply to cancel your bail, then he is not serious about it.
if you have phone records (how many times they called and you called), it can help you. Also you shold keep a personal record of your visits and details of what happened. You can explain it in court if needed, it will help you.

Your lawyer is the best person to discuss with.

thanks

1 Like

Rajeev Kumar (Lawyer/Advocate)     23 June 2013

All our experts have guided you well but i strongly endorse and adhere to the view expressed by Harsh.
1 Like

Mohit (XYZ)     24 June 2013

Thanks for all of you,

@ rajeev : yes they are inclined to bride side, i lost all hopes.

@ mohammed : police present application to session court accused did not support in  investigation.

@ Harsh :  there is no any one attendance register. police and my in law`s both are threatening me, therefore we avoid to go police station and  problem start here.

@ Rajeev kumar : thanks

Thanks

Aashish George (lawyer)     24 June 2013

dont worry, if the bail has been granted by high court, only under extra ordinary circumstances can the bail be cancelled. you can tell your advocate to appraise the court regarding the proceeding and that the court may fix a time at which you should be at the station. u dont need to worry regarding all this, its your advocates job. tell him to do the needful

1 Like

Harsh (Manager)     24 June 2013

@author As Mr Aashish advised, you should express your concern with your lawyer. tell him that IO is unnecessarily harassing you and your family; you lawyer can definitely end this. he will know how to handle the IO. so no need to worry. if possible try to take your lawyer with you. at PS, if IO starts threatening you, you just keep quiet no need to react to him directly. they will send you back in 5 mins.

IO can harasss you (which your lawyer can stop) but he cant cancel your bail so easily.

about in-laws -> case is already registered, you got bail, now it is a matter of few days till your lawyer asks IO to stop his harassment. THEN, you will be fine.

your in-laws can go to hell, and you can tell them the same, nothing to worry at all.  they are threatening because  they CANT do anything.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 June 2013

Dear Mohit

police have no power to arrest any accused after filing Chargesheet without court order/Warrant. so no need to worry fight your case on merit. if you are right then you will win the case.

1 Like

Mohit (XYZ)     26 June 2013

Thanks Aashish sir, Harsh sir, and Nadeem sir,

But one thing remain in my mind, when court order or pass warrant ??, i have heard from someone, mins from some friends and legal adviser as by IO statement court order to arrest warrant, what is  regarding procedure ???

 

Thanks

Mohit

Harsh (Manager)     26 June 2013

@author

it is a 498a case, and that too a fake one, once you are on bail and CS is filed, only under special circumstances you may be arrested. that is when you dont attend courtdates without filing exemption etc...

so dont worry the IO will never work so hard to arrest you again - what will he get if he really arrests you? any chance of a settlment they have will in mind become less. the police have nothing to gain by arresting you again, but by threatening you they do. you can agree to settle etc.

so as experts advised you, dont worry too much just be in touch with your lawyer he will help you.

1 Like

Harsh (Manager)     26 June 2013

1 Like

Mohit (XYZ)     27 June 2013

Many many Thanks Harsh Sir and all of us

Adv k . mahesh (advocate)     27 June 2013

when you are already on bail so first try to gather evidences which you want to prove that your family was wrongly involved in those cases and do not worry about what IO had given statement because once the chargesheet is submtted the arguments will start on what is wrong and what is correct and you have limited time and the rest is your lawyer has to see what steps to be taken to safe guard you from arrest do not worry 

1 Like

Mohit (XYZ)     28 June 2013

thanks mahesh sir.


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