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Sufferer of 498 (Officer)     20 December 2011

Warrant against 498a, what next??..please help

My wife of 2 months has lodged a 498A, 406 and 34 against me , my family and neighbours.

She has gotten a warrant issued against me as well. It was filed on 17th Nov, 2011.

My AB is pending in Kolkata High Court. Please suggest what to do now?THere is again holiday starting from 23rd Dec, 2011 till 1st Jan, 2012.What can happen during this delay?

I am right now Absconding with my family. Can police search my premises(fathers flat) / bank locker without me present?Can she break into my home and start living there legally?I am at loss, as i have limited  legal knowledge, please help me fight it...



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 23 Replies

ravindra (Analyst)     20 December 2011

Hi

1) Plz keep handy cash with you. say somthing Rs 200,000 2) Just surrender with all your marraige gifts and whatever she gave u in your marraige. 3). If u surrender with all marraige gift and gold u will get interim bail on the same day. dont worry.

But go to police station Between 10AM to 11 AM so that they will present u in court at 3PM after making panchnama of marraige gift and gold.

And more imp thing hire a good lawyer.

Thanks

Ravindra Sonavane

1 Like

Sufferer of 498 (Officer)     20 December 2011

thanks Ravindra,

But problem is that whatever they have listed in the 406, we have only 10% of that gold with us, rest she has all taken home, my father fears once we try submitting the same, they'll frame another 420 against us.

PLease help!!!!

ravindra (Analyst)     20 December 2011

No problem dear whatever u have u just go and surrender u will get interime bail court will not ask u that ur wife has said 10 tola gold and u r submitting 0.5 tola. whtever gold u have just submit. u will get bail immidetly. i will tell u wht will happen. when u surrender in Police station police officer will say u tht "teri bail nahi hone dunga" but dont worry its just for money. when he will present in court judge will say IO to say.. the Investigation officer will strongly oppose ur bail. he will say that after getting bail it is possible tht accuse will ran away with his family and nabour so dont give bail. but judge will say not satisfied. granted bail..:) just relax u will get bail. ..

thx

1 Like

Sufferer of 498 (Officer)     20 December 2011

Thnks again Ravindra, for your kind words of wisdom,

I go to the best criminal lawyer availablet oday and get it over with. I am eternally grateful to you for giving me suggestion in this time of need. I have no words of gratitude to say in a time when from lawyers to police are out to extract money from us.....thanks again....

Sanjeev (Lawyer)     20 December 2011

when your AB is pending keep hiding unless its decided no need to surrender.

POlice would not break into your home unless that is backed by a court order which they wont get so the issue is with your bail so try for AB.

1 Like

ravindra (Analyst)     20 December 2011

when u get bail present your other family members and nabour in police station one bye one and they will also get bail vary easily. thanks

Sufferer of 498 (Officer)     20 December 2011

THanks Sanjeev,

Yes, our AB is pending for eternity, its been more than a month till the fir is lodged, we are yet to get the same. Also there is christmas holidays starting from 23rd dec till 1st jan.Dont't know when we'll get the same also dnt know it even we'll get it. We have just gotten news that if we surrender to the session court the judge is very strict, he denies almost 80% of the interrim bail requests. So, we are again at a loss....

Sufferer of 498 (Officer)     20 December 2011

thanks ravindra,

i am going to the lawyer today evening, just fixed the appointment with him, i am totally confused....hope he helps us get the same......

thanks again.....

ravindra (Analyst)     20 December 2011

U just said tht "We have just gotten news that if we surrender to the session court the judge is very strict, he denies almost 80% of the interrim bail requests. So, we are again at a loss...."

This is wrong no judge will deny ur bail if u surrender with gifts and gold. some one is misleading u. just ask to good lawyer and take advice u will get easily bail.

 

1 Like

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 December 2011

Find out the exact facts , if warrant is there than no AB,no need to take any valuables unless there is court order.

Sufferer of 498 (Officer)     20 December 2011

JSDN,

there is Warrant....100% sure of that, but only against me, rest of family doesnt have it.....but they are moving forward to get warrant agaist all of the rest of family......

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 December 2011

I think some body is scaring you, no body can break open your house. Where is the court send any third person and get copies of the records. Even if warrant you will get bail. Keep cool .

Sanjeev (Lawyer)     20 December 2011

Do you have a copy of the FIR. In 498A case there is no need for a warrant a person can be arrested basis the FIR so If FIR has all the names than how it is that you have warrant against you.

You can also place this query in the experts section may be some local lawyer respond to this which would be better guidance for you.

adv. rajeev ( rajoo ) (practicing advocate)     20 December 2011

There wont be any holdiay for criminal cases, press the AB application and try to get it.  Consult your lawyer .


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