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NRIVictim (AAA)     14 January 2014

False 498a case against my husband by his sister-in-law.

Hi All,

   My husband and his family members are falsely accused of 498a case by his sister-in-law. Out of the 5 accused members he is in the last list. Due to relationship problems between husband and wife she wanted divorce and demanded the house , since we dont want to give divorce after 3 months she come again with this false case. We are NRI's living abroad.

What is the procedure if we need to apply Bail for my husband since he is not in india now.

 

Any advise will be much appreciated.



 7 Replies

dv (ghvhb)     14 January 2014

File for quash depending on the merit.

Adv. Chandrasekhar (Advocate)     16 January 2014

you/your advocate has to go through the file, i.e., her complaint, FIR, statements under section 161 cr.p.c. and if these will not disclose any harassment on accoount of dowry directly attributable by your husband, or your husband being NRI living far away from the place of occurence of alleged offence indicating that it is just improbable for him to do such offence, then your husband can move quash petition in respect of his name before the High Court under S. 482 Cr.P.C.  If it is not so, then Anticpatory Bail can be applied on his behalf by his relation living in India. 

Sudhir Kumar, Advocate (Advocate)     16 July 2015

actually you  hve not given material facts os no useful advise can be given on this thread. 

 

as per given facts nothig more can added to the views expressed by Mt Chandrasekhar.

Kaatu Poochi (Kaatu Poochi&Co)     23 July 2015

498A Important citations 

https://goo.gl/bjJaSd

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 July 2015

Writ Petition (Mandamus) along with 438 CrPC against the STATE will work. If a person is in abroad then how can he/she commit a crime in India?

 

This is absolutely violation of Article 14 of Indian Constriction and biased view of STATE based on false, concocted stories of FIR.

 

Please apply in-person since no Advocate will file this type of cases or not argue properly in HC.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

warrior (Personal)     30 July 2015

join saveindianfamily@yahoogroups.com email group and get suggestions there are thousands of victims like you are getting suggestions and suggesting others.

 

 

Kaatu Poochi (Kaatu Poochi&Co)     07 August 2015

Quashing a False 498a FIR - tips and tricks!

https://goo.gl/EaYTYA

 


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