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Harpreet (Owner)     06 July 2016

Anticipatory rejected, what shall be next step

Dear Experts,

FIR under sections IPC 498a/406/506/34 was filed against me and my parents in Haryana. Marriage happened in 2012 and separation in Feb 2014. Have a 2.5 year old son. Wife left after taking away her jewellery in Feb 2014. Dispute arose in July/August 2014. First complaint filed by wife in retaliation to our complaint of violence by her parents and relatives against my parents. FIR happened this April. My parents filed for Anticipatory bail. Got interim but finally rejected. Ecourts showing as uncontested-dismissed. Lawyer tells me he went for arguments. Asked him to inspect file and get a copy of final orders. He is telling that bail rejected on grounds of non-recovery of stridhan. I have already given in written to police about my willingness to return stridhan after lodging of FIR. What shall i/my parents do next:

Go to High court for AB

or

Surrender in Court for regular Bail

or

Surrender in front of police for regular bail

and/or any other step(s) to be taken.

Please advice. Thanks.



Learning

 10 Replies

Vibha   06 July 2016

  1. Online status shows uncontested and lawyer is saying he went for arguments.... something smells fishy here.
  2. Ask your lawyer for copy of the passed order and get second opinion from a second lawyer, preferably a senior lawyer.

Mukesh sharma (job )     06 July 2016

Hi harpreet  iam agree with vibha reply some kind of as your lawyer say that he want to be arguments and want take action than where he show you your anticiptaroy bail reject and you need to file again for bail 

plz contact with some of senior lawyer and you got copy your case and consult with good lawyer he guide you best 

thnks 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     06 July 2016

Mere dismissal of an anticipatory bail petition does not bar another anticipatory bail petition before the same High Court, but you must mention about the earlier petition and the order.  Further, you can give anyother material or facts for better appreciation. You can say all the reasons you have now said in the querry and also about the bad antecedents of the complainant./informant to show his integrity.n a major ruling, the Supreme Court has held that rejection of an anticipatory bail plea need not result in the arrest of the person by the investigating agency.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     08 July 2016

You yourself can also apply for inspection of the court file so that you could come to know abouyt the real deal. You being thr party concerned have every right to do so.

Pawan S (Advocate)     09 July 2016

  1. There is no other choice but to move to the High Court for Anticipatory Bail.

2. Meanwhile, get a copy of the decree. You can see the reason for the cancellation of AB.

 

3. Change your lawyer. It seems either he is along the side of the plaintiff or he is not competent. 

Sudhir Kumar, Advocate (Advocate)     09 July 2016

Originally posted by : Vibha

Online status shows uncontested and lawyer is saying he went for arguments.... something smells fishy here.
Ask your lawyer for copy of the passed order and get second opinion from a second lawyer, preferably a senior lawyer.
 

This is because none of your representativbe attended court.

Sudhir Kumar, Advocate (Advocate)     09 July 2016

Originally posted by : Vibha

Online status shows uncontested and lawyer is saying he went for arguments.... something smells fishy here.
Ask your lawyer for copy of the passed order and get second opinion from a second lawyer, preferably a senior lawyer.
 

Agree with Ms Vibha.  This action is must before any further move.

Sudhir Kumar, Advocate (Advocate)     09 July 2016

It apprears from the given facts that your case is not yet beyond salvage.  You can perhaps still opt for peaceul reconciliation.

Harpreet (Owner)     22 July 2016

Dear experts, thanks a lot for your valuable suggestions. I went for regular bail wherein i surrendered before police and police got remand of 1 day for recovery of stridhan/dowry articles (which were not recovered by police inspite of visiting my place), after which i got bail and then my parents too got bail after surrendering in the concerned court. I don't stay with my parents.

During recovery of stridhan/dowry articles, the opposite party and her family members went to my parents house and created a scene to dafame themby falsely alleging retention of gold articles (her and the ones gifted to my me & my parents) by them though all the articles are with opp party (my parents gave all of them to her in good faith but we don't have documentary/any other proof of same). During recovery process in my bail, opposite party denied to receive rest of dowry/stridhan articles unless gold articles are given to them. After FIR registration i had provided police the list of all the articles, except gold, which are lying with me and requested them 3-4 times in writing to take it from me for returning to the opposite party but police hasn't responded to my requests. None of the stridhan/dowry articles (gold/non-gold) are in possession of my parents.

I tried for conciliation but couldn't happen yet.

Now to harass my parents, opposite party has filed an application in concerned court that since bail has been granted to me and my parents and the recovery is still pending and the stridhan/dowry articles are in illegal possession of my parents (which is not true), summons have been issued from concerned court in name of my parents, though not received by them yet, what shall be done on our part?

Please advice. Thanks.

Vibha   22 July 2016

  1. What does the summon say?
  2. Have your lawyer draft a response denying possession of articles and submit in court. 
  3. Burden is on wife to prove that your parents are in possession of her articles. 

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