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chandra sekhar (ase)     07 January 2012

Lengthy post but please help me...time is running out!

sir,

i'm chandra sekhar.i'm the younger son of my family,and i have a brother. I lost my father in my early childhood.from there my mother looked after us.In jan 2008 , my brother got eloped with a neighbour girl and got married in Arya samaj.after a week, they got surrendered in police station and there the girl's(bhabhi) parents rejected the marriage but my mother accepted their marriage and got them to our home.on that day our bhabhi parents made an agreement that our families are no way related to each other and their daughter is died as per their knowledge.after all this,my mother still accepted her and we all started living together.as same colony,their mother used to visit her unknown to my bro,one day my bro asked her to tell her not to come saying how can they visit my house my making an agreement against it.this happened several times but me and my mother didn interfere in their things.then during pregnancy,bhabhi's mother asked my mother to send her daughter to her home so out of kindness, she agreed and she went to their home.after returning back she started behaving in a different way -used to quarrel with my bro to leave me and my mother live independently for which my brother disagreed saying along with u they are also my responsibility how can i cheat them who have accepted me and her inspite of all these...so this led to frequent quarels ,she used to run away straight to their parents house accusing my bro of physical abuse...by this our bhabhi and parents got the colony people and tried to show their strength and problem got widened more...with this she left off my bro and started staying with their parents.then al of sudden in may 2011 she lodged fir -498a saying we three abused her mentally and physically ...in a fit of rage even my brother lodged sc/st case on them...with this they approached commisioner and called for compromise ...she asked my brother to leave us which he didn accept and still asked to join us but they  refused ..during this visits to commisioner office with some background he got stay on the sc/st case and bribed police to arrest us but god's grace we got AB-me and my mother and later my bro got surrendered in court and bail was granted to him.our next trial date is on feb1st 2012.now we have changed our lawyer due to some issues with previous sir...and he suggested us to apply quash petition as i have recently completed my B.Tech and got placed in Tcs at hyderabad.i got the joining date to be on feb20th2012.i need to give a criminal affidavit on my name on the joining day.so my lawyer took some money and said he'll apply in high court to quash or ask to dispose the case soon so that my career doesnt get affected.but yesterday he filed a petition in present court to speed up the trial and got it changed to jan10 2012 which he informed yesterday.i'm suspisicious abt him bcos he didn take my sign and said that my petition got rejected in high court so he is applying in the lower court did he really file it or just cheating me in the name of helping me....i'm not understanding and he says case can be closed well befor my joining date may be by feb2012 but he is so demanding and confusing ....now i'm not understanding whether he is helping me or just taking money with false promise ...money is not a problem but he is just confusing us...my bro is not at all interested to take her back ...what should my bro do get out of this case....

my questions are can i get a  govt job even the case is still under trial?my lawyer says i cant get a govt job till it closed ...can i believe him?

our first trial is on 10th jan 2012 ...is that possible that as my lawyer says will it get closed by feb 2012???suppose by god's grace if the case is closed how the judgement will be given?

leave abt govt job, sir can i join TCS with case under trial ..is there any remedy for this...i'm ready to say the problem to my employers, i don want to hide it..but i'm scared if they reject me ..bcos it's a good job start my career .....lengthy post but please help me to come out of this....



Learning

 8 Replies

chandra sekhar (ase)     07 January 2012

a daughter was born to them..(sorry sir i forgot to mention it in above post)...

Arvind Singh Chauhan (advocate)     07 January 2012

If High court quashes the matter it is far and good, other wise The offences for which you are being tried ,can not be a hurdle for govt job.

Only person convicted for offnces of moral turpitude may not get govt job.

Atleast trial is no hurdle any way for getting govt. job.

Even if you are denied job on this ground you may file writ aginst particular department in High court.

Sanjeev (Lawyer)     07 January 2012

Your lawyer should provide the court orders of HC which would confirm if the case was dismissed. It seems that the Quash wasnt applied by him in HC.

Remember one thing that Criminal trial dont end in a month whether he goes to HC or SC so tahe informed decisions and dont act like a layman who believes what is told by lawyer. The case can be closed only if there happens a compromise between your brother and his wife and she agrees to not tp press the charges otherwise the trial would continue and the case would take some years depends.

Regarding the new company agreement you should check the employment policy of the company -- a person accused in a criminal complaint is not proved guilty. There are many people whu are accused in 498A cases and trial is running but they are employed in good companies it should not impact employment.

1 Like

chandra sekhar (ase)     07 January 2012

thank u sir, one thing....actually he said it like this-we will approach high court to quash my name from the case or atleast direct the lower court to dispose the case withing 3-4 months, if it is accpeted then we can produce the order in the lower court and ask for early disposal.but i after fifteen days he called me to lower court there he said our petition got returned and so no choice we have to apply in the present court and yesterday he made the trial date changed from feb1st 2012 to 10th jan 2012 without my presence itself , he is saying i have did lot of homework to help u and he says we can bring all the witnesses actually four people-bhabhi,her parents and a neighbour -at once for trial avoiding delay by asking each at a time and even he said he'll manage the si to come to trial on the very first summon and get it closed by feb ending....can i believe him? if by chance what will be the judgement given to my bro sir as he has a daughter right now he is under mental stress ...not so earning too due to this...by fate i and mother are now looking after him ...sir how the judgement will be passed sir....

cm jain sir (ccc)     08 January 2012

@chandrashekhar,

1) sometimes lawyer tell all these things to reduce your panic.

2) The court proceedings are very slow. Dont expect any magic in only one month.

3) you take the second opinion of lawyer from your place.

4) Discuss very clearly about the total money required for the case with the lawyer.

5) Since he had already preponed the hearing date, i think he is trying to help you. 

6) You go and join for your job at TCS and if reqd appy for exemption for personal appearance in court proceedings.

7) you have got AB so dont panic. Nothing will happen since it is false case as you have told.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     13 January 2012

1. You can get jobs even during pendency of the case.

2. Don't panic, it may take years to close the case.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Sudhir Kumar, Advocate (Advocate)     26 January 2012

 

 

my questions are can i get a  govt job even the case is still under trial?

 

Ans :  No

 

my lawyer says i cant get a govt job till it closed ...can i believe him?

 

Ans :  Yes

 

our first trial is on 10th jan 2012 ...is that possible that as my lawyer says will it get closed by feb 2012???suppose by god's grace if the case is closed how the judgement will be given?

 

Ans :  No

 

 

sir can i join TCS with case under trial ..is there any remedy for this...i'm ready to say the problem to my employers, i don want to hide it..but i'm scared if they reject me ..bcos it's a good job start my career .....lengthy post but please help me to come out of this....

 

Ans You did not explain what is TCS.  If it is a Govt employer you cn’t hide it you have to fill a few copies of 6 paged attestation form where you have to state Yes/no (i) if you are involved in criminal trial (ii) if you had been in custory (iii) if you had been on bail (iv) if you are convicted.

 

 

chandra sekhar (ase)     17 November 2014

After 2 years I have an update to my case.

 

Hi I was falsely implicated in 498a dowry harrassment case by sister-in-law.She filed the case in May 2011.Case details:

A1-my elder brother,

A2-me (brother-in-law) and

A3-my mother.

Our advocate has got the anticipatory bail first for A2 and A3(for me and my mother).Then, for A1 bail he got a district court order which said-dispose the bail petition of A1 on the same day filed. So, with this order A1 also got the bail.Afterwards, we have appealed to speed up the court proceedings with my career as the prime reason. The magistrate accepted and finally after the cross examination of all the witnesses, then arguments.On safeside our advocate has filed the written arguments, keeping the future in mind.Then,finally the magistrate informed us saying the case is striked off against three of us in October 2014.So, Im really thankful to my advocate for helping us . Initially I was little scared but he has greatly helped us to prove the case as a false one.

Now, its been a month and recently our advocate informed us that the complainant is trying to go for an appeal on it.So, I have few doubts :

1. The magistrate informed us that case is striked off and wriiten on the file.But nothing in print document type is given to us. So should we apply in section office to get a order copy or any other process is to be followed?

2.What is the time duration during which the complainant can go for an appeal on this?

3.In case if appeal is filed, what is the next procedure to be followed?

4.As I mentioned earlier, I joined a software company.Now as per the job experience,I'm eligible for US or Europe Visa process to travel there and work.Till now I was not sure about when the case will be solved, so I didnt apply for the passport itself.But now the case is striked off.Im planning to apply for visa process.So,I need to apply for passport now.So, can I apply for a passport now? My advocate says I can apply for it but while filling application i found these questions--

1.Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending

before a court of India? Yes or No

2.Have you at any time during the period of 5 years immediately preceding the date of this application

been convicted by a court in India for any criminal offence and sentenced to imprisonment for two

years or more? Yes or No

What should I fill the answers for these questions. I heard if i fill yes sometimes passport is rejected and in some cases no Visa is given to such candidates so please help me on the above questions?

My advocate has advised me to fill as Yes but Im hesistant to do so please help me if you have solution for this. I have few weeks time to inform my manager about my passport status.

Thanks in advance.


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