False 498 a


Filed a false 498 A case at lower court against me, my brother and my mother in the lower court. The summons have been issued against all of us. Now we are trying for the anticipatory bail in the HC. I want to know

1) whether I can move AB directly to HC or it has to be first filed at lower court?

2) Can I go for quashing directly at SC or I have to move it through HC first?

3) If we get anticipatory bail, then for how long it will be valid?

Can you suggest some good criminal lawyer (Supreme court) who can help us for quashing the case at SC and the fee they generally charge, my email- gpartha02@yahoo.co.in.

Hope for a quick reply.

 

ABC

 
Reply   
 
Advocate

1) you cannot move directly to H.c without first moving to session

2) No you cannot move directly to S.C

3) Anticipatory bail is valid until police report  is not filed

 
Reply   
 


Sr.A.P.P

You have to wait until charge sheet is filed and then go for the quash.The HC or SC has no jurisdiction to interfere in investigation until it was completed.

 
Reply   
 
Hidden

Relax, You look very hyper, Do not think of rushing to HC/SC.

Follow process. First apply for bail in district court. Court where your FIR is lodge. Generally bail is granted after following some instructions by judge. 

If rejected then only you can go to high court. 

For suypreme court lawyer why not go for featured member of this site ?

 
Reply   
 
Analyst

Hi

while going to police station or applying bail in district court plz submit all stridhan which your wife has bring to your house other wise court will not grant u bail.

Thanks

Ravindra Sonavane

 
Reply   
 

@ Ravindra

   What happens in the case when the wife has already taken away all the stridhan and more. So in essence if the woman has been astute, the guy cannot even get a bail?

 
Reply   
 
Hidden

@ revolutionary

Actually goods is the real hook for bail. Return good soon as possible. More or less, doesn't matter. Jewellery also doesn't matter. Return of goods give judge a reason for granting bail.


Total likes : 2 times

 
Reply   
 

my wife has already taken back all her jewellary and some of my certificates and now she is denying all of those. I have filed a entry to the nearest police station on that same day but also requested them not to take any action on her as she is my wife and I had never thought that she would file 498 a against me. Since the FIR is not lodged and it's a complain case in the lower court , and I am in a govt job so I am not filing any  case against my wife and in-laws as I think that this will make them lodge an FIR to get me arrested. So plz guide me what should I do now?

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Forensics & Evidence     |    x