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sandykolli (Engineer)     03 April 2015

False 498a

Hi,

My friend's wife filed a false 498A case on him. He is an NRI and he is not in the country currently. The case is in FIR stage. Can police or her advocate impound or seize his passport to have him back in the country? If there is a possibility of that , then what can we do to stop that? Please help.



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 17 Replies

srk (Service)     04 April 2015

Sandykolli,

 

its not an easy task to impound a passport, only court can issue an order to impound, that will happen if your friend doesnt cooperate with the investigation, if your friend doesnt respond to the summons issued by the court, after multiple summons court will issue LOC, and at last if the opposite party insists then a passport impound.

SRK

sandykolli (Engineer)     04 April 2015

Thank you very much SRK. I really appreciate your help. We have one other confusion..

Do my friend need to fly to India and be physically present to get AB? or can he get AB even in his absence? My friend and his mom's names are in the complaint. Mom is already in India. And our advocate asked my friend to give power of attorney on mom's name and both can get bail without having him fly to India.

what are the possibilities of not getting bail in this situation?

 

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2015

It is not easy to impound the passport of an NRI. Where ever he is he has to respond to the summons.

sandykolli (Engineer)     04 April 2015

Sainath, Do you think his AB can be rejected for the fact he is not physically present in the country? How important is his presence in the court to get AB?

SAINATH DEVALLA (LEGAL CONSULTANT)     04 April 2015

AB , U cannot take it for granted, may get or may not He has to present himself in court  .

sandykolli (Engineer)     04 April 2015

How about vakalath option?? Even if his mom takes vakkalath on his be half, he may or may not get bail??

sandykolli (Engineer)     04 April 2015

How about vakalath option?? Even if his mom takes vakkalath on his be half, he may or may not get bail??

sandykrish (Interested in Family LAW)     04 April 2015

Sandy understand the case is a 498A it is a criminal case unlike a civil case giving a POA would suffice for attending case on behalf. Ask him to come to India once he is out on a regular bail, let him go back. AB 99.99% will not be granted in this case. If any lawyers are assuring you this, then you are taken on for a ride Last Reply.....

sandykolli (Engineer)     05 April 2015

Thank you krish. Krish we have an other issue. My friend didn't complete engineering. He has few arrears and took up his family business later. When asked before marriage, he told the same to girl and her family. He Did not show any fake documents. And this was ok for them then. But now she filed a cheating case as well on him saying that he cheated her by saying he is an engineer. How does this effect the whole case And also what kind of evidence should we produce to this wrong?? Is it something that we need to Wary about? Please advice.

sandykrish (Interested in Family LAW)     05 April 2015

This will not affect your friend in any way. For a successful marriage couple need trust and faith and not the billionaire or a educational certificate. Have you asked a girl virginity certificaye ?? This is what a judge will look at and not these inherent issues between the couples.

T. Kalaiselvan, Advocate (Advocate)     09 April 2015

You have asked for AB without being present in India.  AB will not be granted in his absence, he has to be present before the court of execution of anticipatory bail, no exemption to this rule.  No vakalat or POA.

Second thing is about her cheating case, it is a mater of issue to be taken up during trial of the case, so think about how to defend at that time, dont get confused bu putting everything now itself.

sandykolli (Engineer)     13 April 2015

Thank you all for your input. It did help a lot. My friend got bail with conditions


1. He should appear in the country whenever the investigation officer wants him to and cooperate with the investigation.

2. He should not do anything that can tamper the witness.

Now, is there any possibility of impounding his passport? Can they do anything to cancel his bail by appealing against it?

 

 

 

T. Kalaiselvan, Advocate (Advocate)     13 April 2015

There is no reason to impound his passport and a magistrate has no power to impound his passport.  He can be restricted to not to leave the country without court's permission or his passport may be kept in the court's custody for enforcing his continuous presence in the country till the pending criminal case is disposed.

sandykolli (Engineer)     13 April 2015

Thank you sir.

 

Is there a possibility of them appealing against his bail to cancel the bail? If so, what precautions can we take?


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