25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MIS (Student)     22 June 2013

False case of 498a on my family and me

Hi all,

False 498a,Dowry harrasement -- My brother surrendered a week back to the Police station as the mediation process failed, the Fir was filed against all my family we applied for an anticipatory bail.The Lawyer said it wil take time for us to get the anticipatory bail,may be a week.

What should my family do in the mean time to avoid arrests?Would you guys suggest we go untraced or summon to the police station.Im not sure what would be the right thing as the Lawyer did`nt answer our questions and said be patient....Please Help !!!



Learning

 12 Replies


(Guest)

u r frm which city

1 Like

(Guest)

Better to live at a friend or relative`s place till Anticipatory bail is got...Usually takes about 10 days...And he should be able to get bail for your brother unless the allegations are very serious...But also consider whether you have the right lawyer if after that,he`s not getting results.

1 Like

2BHelpfull (Other)     22 June 2013

Anticipatory Bail is Relief for some Time (i.e if arrest warrent is issued, during the period mention in AB no arrest will be made but after the AB Period exipry u will be arrested , so within that time u have to apply and get regular Bail)

 

anticipatory Bail is for  Relief that no Arrest will be made if arrest warrent is issued and AB is  given prior to arrest warrent is issued .

 If Arrest Warrent is Issued  then u have to apply for regular Bail.

 

And One Important thing to be Kept in Mind,

If arrest warrent is issued and u Avoid Arrest by going untracable then u will get into  HELL LOT OF TROUBLE IN getting Regular bail.

 

So Request Your Lawyer to get the AB as soon as possible.

1 Like

priti (nothing)     22 June 2013

@2be helpful

What if they goes untraceable forever?

Sasidharan (Retired Labour Commissioner (Central))     22 June 2013

No. of cases of mis-use Section 498a is increasing  day by day.  Government of India, Ministry of Home Affairs on the basis of observations made by Hon'ble Supreme Court issued instructions to the Chief Secretaries of all State Governments vid letter No. 3/5/2008-Judl. Cell dated 20th October, 2009 that in the absence of amendment of law, to folow the proceedures:-

1. Arrest without a warrant should be exercised only after a reasonable satisfaction is reached, after some investigation, as to the genuinessand bonafides of a complaint and a reasonable belief as to both the persons complicity as well as the need to effect arrest. Therefore in any matrimonial dispute it may not be necesary in all cases to immediately exercise the powers of arrest. Recourse may be intially taken to dispute settlement mechanism such as conciliation, mediation, counselling of the parties etc.

2. In cases of matrimonial disputes, the first recourse should be to effect conciliation and mediation between the warring spouses and their families and recourse to filing charges u/s 498A IPC may be resorted to in cases where such conciliation fails and where there appears a prima-facie case under section 498A and other laws. The Counselling machanisms envisaged under PWDV Act 2005 should be insituted by State Government and anyu counselling of aties should be done only by professionally qualified counsellors and not by the police. The police may consider empanelling professional counsellors with the CAW Cell.

In this communication the Government of India reuested all the State governments/UT Administrations to take effective measures in the light of the directions/orders issued by the Courts and advisories issued by the Government of India from time to time to put to rest the allegations of mis-use of Section 498A of IPC.

I find Delhi Administration, Kerala State Administratin etc. have already issued instructions to all Police Stations to follow these instructions and arrest is made only as a last resort if some evidence is there with regard to correctness of the complaint. You may bring to the notice of the Advocate these instructions of the Government of India.

1 Like

2BHelpfull (Other)     22 June 2013

Priti "What if they goes untraceable forever?"

 

Police will arrest you at any moment at any place.


read the effect for absconding from Non-Bailabe warrant for further detail.
 

priti (nothing)     23 June 2013

@2BHELPFULL

from where to read the effect for absconding from NBW.can u paste any link here?

ur help will be of great value.

Praveen Kumar (Intern Lawyer)     24 June 2013

If the case is false then the parents of bride may have added some eccess points to make this case strong. Is this the first case aginst your family or they have filed some more case against you and your family. Find out the differenciate points freom all those petition filed against your family. You must found the mistakes done under this petition from Girls Side. If you have applied for the interim bail / stay order, Please wait as this will be granted to you thereafter apply for the regular bail. 
 

I know it is a painful situation for you as well as for your family. But dear dont forget the justice of god can be delayed but can't be denied. So try to find out the evidence in favour of you and your family and fight this case with petience. Best of Luck. Please post your another question if require any further clarification.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 June 2013

Dear Querist

no need to worry manage the time till court heared on your AB, there is many judgement/order passed by HC and SC in which the AB has been grant.

1 Like

Shaman (teacher)     26 June 2013

i have an query

The  istreedhan which is now presented as dowry articles given by my inlaws to their daughter, by their own wish. Each and every bill of the article is against my wife's name. Even then its come under dowry?

1 Like

MIS (Student)     21 July 2013

Hi all thanking everyone for their information and help.

My brother has got a bail, He was in jail for about a week : (  after which the lawyer had got bail for him.

Now im worried about our family, we couldnt afford AB for my family as the lawyer gave a cost to us for about 50K (thousand) for all the anticipatory bail of 5 people.in the mean while, one of my uncles (who is nt part of our small family of 5 ppl) recived a message from his friend from the PS about being cautious of my family as there is an arrest warrant being issued to my family.

Quest:

Is it possible after around 15 days after my brother is released there is an arrest warrant for my family ? (They were not called or arrested before when the fir was filed)

Is it possible she(meri chudail bhabi ) had filed another false case ? In that case isnt my family notified ?

Is it possible that the message was just another attempt to torture our family from her or the PS ghoose walas side ? 

What to do if the family is not able to afford the AB ( Is it really that costly? Im thinking of taking a personal loan!!)(The case is in AndhraPradesh) 

As my brotehr stays away from my family at a rented house,the house owner had informed us saying that there was a cop at his palce with that b****`s father along with him investigating about the case and he had clearly notified them that it was purely a false one ! ( In which case there should not be any arrests,right ?) 

 

Please Please Please Help !

Many Thanks! 

Adv k . mahesh (advocate)     22 July 2013

if one lawyer has said 50k means contact another laywer who can make things set right with AB means the fees will be differ from one lawyer to another lawyer and if it is necessary then only lawyer will take AB  and already you have told that arrest warrant is issued means only you should apply for regular bail consult another lawyer 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query