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ABHISHEK B (Bekaaar)     04 September 2012

Need advice - i got stay order for 498a/406

Got a stay order on my 498a/406 from HC based on CrPC 188.

- Counsel for the petitioner states that larger part of
the transaction has taken place in United States of
America and, therefore, the petitioner cannot be tried
for a matrimonial dispute in India.Rely upon
Harmanpreet Singh Ahluwalia Vs. State of Punjab &
Ors. (2009) 7 SCC 712 in support of the contention
raised.
Issue notice to the opposite party for 21st November, 2012.
Meanwhile further proceedings qua the petitioner in the
court below are stayed.
-----------------------------------------------
The above citation has been made by the judge himself, since we never made this citation in our petition :) We had cited, Thota Venkateswarlu v. State of A.P., (2011) 9 SCC 527, which we anyway will bring up during
next hearing.

Does by citing Harmanpreet Singh Ahluwalia Vs. State of Punjab &Ors. (2009) 7 SCC 712, judge seems to be hinting that even in my case, it has been filed with malafide intentions and can be quashed ?
-----------------------------------------------

All >>A lookout notice issued against me, after I returned to India. Also there is a bail condition, that I cannot travel outside India without prior court notice. If so, how exactly should I proceed ?

 Opp party trying hard to get my bail rejected. They had filed a seperate petition in trial court as well, in this respect. I understand that the above HC stay order will put a stall to all such lower court proceedings.

Should I file an application to remove LOC and relax by bail condition together in Trial court or in High Court (got AB from HC, which has now been regularized by trial court).

Need your advice urgently to save job.



Learning

 4 Replies

Sayeed Nazir (Marketing Manager)     04 September 2012

Dear Freind,

Nothing is going to happen in 498A,  Instead pls file an case U/s.498(3) that giving dowry is also crime so arrest those people, U can say that i have not taken any dowry, but the opposite party says that they have given that too they have given in writing to PS. so take the eveidence and file a case upon them then see they will run behind court take AB etc......etc.....

ABHISHEK B (Bekaaar)     04 September 2012

In my case thr is no mention of dowry exchange at all. FIR only talks abt taking away her istridhan and a money demand that too in US. I am more concerned abt LOC removal right now. Can anyone plz respond asap ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 September 2012

This query has been responded elsewhere.

 

 


Regards,
 
Shonee Kapoor

ABHISHEK B (Bekaaar)     05 September 2012

Hi Shonee,

Yes, I am aware someone named Shonee already suggested me :)..however I was wondering if someone else can also pitch in some suggestions :)

Anyway, so this question is for you....What exactly does an interim Stay order means ? As per my lawyer, I am not an accused as per law. If thats the scenario, during this period, shouldn't my regular bail along with its condition automatically be void ?


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