Diff world (Xyz) 30 April 2017

False case under 498a 34 dp

My sister in law has filed false case under 498a/34 in December 2016 in other city police station. The SI called my brother in law only once and told that he is sending notice for him to come. But he never got any notice from police station. Recently we came to know that the case went to court without any notice and counselling sessions. Now when we are approaching lawyers, they are telling not to visit police station in any scenario. And lawyer is filing anticipatory bail for whole family. But he is saying that bail for my brother in law will be rejected. My question is what police has done in these four months, and as we never met police, will it weaken our case? The issue is my brother in law is in different city and case is filed in other city by her wife. So we did not become aware at all about the police proceedings. Please help. And what will be the next step also my brother in law has filed divorce case after the police called him. Will it impact the case?

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5 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 30 April 2017

This is a routine procedure and you have to calmly face. panic will create problems.

Meanwhile dig out all the history of your inlaws and you can file some counter cases.

saravanan s (legal advisor) 30 April 2017

If you file divorce case now it will be considered as a retaliation to her 498a case which will weaken your side.Focus on the 498a case and try to prove that her allegations are false.if you do that then you can claim divorce on the grounds of cruelty as filing false 498a amounts to cruelty.

Diff world (Xyz) 30 April 2017

Divorce case is already in place, do we withdraw? It was filed one month after the complaint. Also stated earlier, should we go to police or rely only on advocate? As police called us to sign some bond

A walk alone (-) 30 April 2017

If session court reject bail, your brother in law can appeal HC. Filing divorce just after 498a can make your brother in law divorce case weaker. Your brother in law shouldn't totally rely on lawyer. He should fight case on his merits.

Rohit Krishan Naagpal (Advocate) 19 June 2017

The Supreme Court of India has delivered several cases wherein it has reminded that the basic rule is bail and not jail. One such instance came in State Of Rajasthan, Jaipur vs Balchand @ Baliay case which the apex court decided on 20 September, 1977 and held that the basic rule is bail, not jail, except-where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court.

The bench of Krishnaiyer, V.R. had observed that when considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court. Taking into consideration the facts of the case the apex court held that the circumstances and the social milieu do not militate against the petitioner being granted

When you are an accused of some crime and arrested to record your statement and take information like the name, residence address, birth place, charge filed against you, etc. The police officer may also check back the criminal record if any in the police station and ask for finger prints to files a case against you. The crimes that are bailable and simple, you will be allowed to apply for bail immediately.

However, if the crime is a little bit complex and non-bailable, you may wait for 48 hours to claim your right to bail in the court wherein you are given a hearing. Depending upon the facts of the case, the judge decides whether you should get bail or not. Also, in situation you are given bail you are asked to deposit money with the court. Generally, in certain smaller crime cases, a standard amount is asked to be deposited for awarding the bail.