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help.me.with.divorce (manager)     16 November 2011

Is there any flow diagram to tackle a false 498a?

Is there any flow diagram to tackle a false 498a?

This is for husband who are expecting or who have just known that they have fallen into the trap (498a)

 

Please it should be good, like a wiki.. 



 13 Replies

LexCollar Law Firm (Advocate)     16 November 2011

The Flow of 498as is

 

1. There is a complaint in the police station bu wife for such.

2. Police calls you for the clarification [never miss it, always go]. HIRE AN ADVOCATE THERE AND THEN.

3. If you get an information regarding such a complaint. FILE AN ANTICIPATORY BAIL..

4. Never bring your parents or any other family member along with you. Always take your  attorney or a friend to the police station.

5. If you get the anticipatory then pursue the complaint or the FIR as the way it goes.

With 498a nothing is precedented... Everything is almost always new... so the preocedure above is common rest is your fate....

Advocate M.Bhadra   16 November 2011

If your wife file a complain u/sec.498a IPC and Police register an FIR then you should  get copy of it, abscond for the time being and appoint a competent lawyer to file a petition u/sec.438 Cr.P.C. in Dist. or High Court for anticipatory bail,after getting the bail face the trial by proper defend.

Rajeev Kumar (Lawyer/Advocate)     16 November 2011

I agree with Mr.Sehdev and Minansu

cm jain sir (ccc)     16 November 2011

In my case, the police wanted to cheat us. they already registered an FIR and there after calling telephonically for councelling. If we had gone there then they would have arrested us. so be careful as expert had suggested that you should go with an advocate.

Flow chart can be made when some transparent flow of action is there. In police matters nothing can be said or forcasted. you throw money on them they will become puppit.

LexCollar Law Firm (Advocate)     16 November 2011

always keep one rule in mind.......


NEVER TRUST POLICE in such cases..... They'll skin you alive....


(Guest)

Good idea.

**Victim** (job)     16 November 2011

@ Author rather then making a flowchart i would rather follow SDLC where flow is cyclic it's kind of never ending.


(Guest)

@help.me.with.divorce

"Is there any flow diagram to tackle a false 498a?"

Here is the survival guide in pdf format.

Visit https://ipc498a.wordpress.com/2007/07/01/the-498a-survival-kit/

And

https://www.498a.org/contents/Publicity/498aSurvivalGuide.pdf

 



Attached File : 62954 225886 26 498asurvivalguide.pdf downloaded: 179 times

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

flow diagram to tackle false cases/

 

I am working on it, when it is ready, I plan to get it patented and sell it at huge costs.

 

:-) FIGHT IT OUT ON MERITS, 

 

The cases run as per procedure which is defined above.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Tajobsindia (Senior Partner )     17 November 2011

@ Author

 

 

Once you are arrested and charge sheeted, you need to be present in the Court on all dates which is practice procedure.


If you are not attending Court, then your Advocate should file a petition under S. 311 CrPC. So unless you attend or file a petition under S.311 CrPC, the Court takes it as you are absconding from Law, and issues a NBW (non bailable warrant) to arrest you and produce in the Court. Even if this warrant is issued, you can apply for recall of the same under S.70 (2) CrPC showcausing valid grounds for discretionary Orders of the Court.


If you cannot attend on all occasions, you can seek by filing a petition, permission from the Court to permit you be represented by any Advocate. This petition is to be filed under S. 205 CrPC. REMEMBER if your Advocate fails to attend, the Court treats it as your absence!.


Credits: My Nation Foundation

3 Like

Legal Fighter (Advocate)     27 November 2011

there can't be any flow diagram for such cases. this is pretty similar as we can't have flow diagram for our life.

Raj Vikram Singh (Software Engg)     27 November 2011

Tajobs. Good flow diagram, I beleive we need to add apply for Bail at "If FIR filed" stage also

help.me.with.divorce (manager)     27 November 2011

@Tajobs - would have been cool if we have some infographic section on this website. An infographic is pretty easy to understand every for a layman. :)

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