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498A_Victim (service)     25 May 2013

Investigation in 498a case

Hi,

currently my 498A case is in mediation centre Badaun (UP), next date is 30th May as this is the last date given by mediation centre and there is no chance of mediation as girl familiy is not in mood for settlement.

If mediation fails the matter will be sent to MAHILA POLICE STATION, where investigation will start by IO. Please Advice me for following:

1) As all the allegation made in FIR are false, what need to be done by me during investigation?

2) I spoke to my wife, she is not willing to close the matter and fully relying on her culprit father who has made the FIR and told her to make false statement in mediation centre.

3) What are the chances for being arrested of all the persons included in FIR (Included me)?

4) He has told in FIR that I never let her come back to matrimonial Home, However She never willing to come back. As I have audio recording where his father has told about it. Should I produce it to Investigation Officer (IO)?

5) I have E mail and letter send to her father & her, where I have asked come back and the railway E-tickets whiich I booked for both of us, Can I produce them to IO so that charge sheet will have less cases against me.

6) Can I show Facebook chat as evidance to invesrtigation? If Yes, in which format it need to be produced?

7) what is the process for getting Bail in 498A case?

 

please guide me as the arrest is likely to happen, where I may need reply from all Forum Experts...

 

With Regards

Bhavesh Kumar

9035792426



Learning

 4 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     25 May 2013

you dont do anything if you fear of arrest you can file anticipatory bail in the matter . In mediation if your wife is not intersted than let it be , all evidence which you have mentioned preserve them they will help you in latter stage of your case. Immediately file for anticipatory bail . that is the need of an hour for you .

Regards,

Adv. NIKHIL SETH

Mumbai

498A_Victim (service)     25 May 2013

Sir,

In UP provision of Anticipatory Bail is removed.

I had applied for Stay from UP High Court which was given for 30 Days (ended on 7th May). Now  as I have to appear for mediation on 30th May, I am doubtfull what will happen there? I m working in Bangalore....so distance is also another problem for me...

Adv. Nikhil Seth (legal consultant (9867264707))     25 May 2013

you appear before mediation court and say you are willing to settle the matter . if not than police shall do investigation , when you will be inquired in investigation give all your defenses and tell them to take on record , simultaneously file an extension  application for stay which concluded on 7 th may . You should had filed on same day ffor extension of your stay .

Regards,

Adv. NIKHIL SETH

Mumbai  

adv. rajeev ( rajoo ) (practicing advocate)     25 May 2013

You can take the anticipatory bail in Bengaluru also.  First you do it.


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