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Kumar AK   08 August 2017

Police bail , fir quash u/s 498a and dowery protection 3 & 4

I seek valuable advice from experts in my matter under section 498A and dowry protection 3 & 4

Stage : FIR registered in April 2015, in Ranchi, Jharkhand,  Charge Sheet Submitted by Police in Court in August 2015, Cognizance taken by Judicial Magistrate in August 2015. Charge framing yet to be done

Total Number of Accused : Three. Myself (Husband), My Mother & My Father.

My Parents Granted Anticipatory Bail in District Judge , and are on regular bail.

 

At time of Submission of charge sheet my Anticipatory Bail was under Hearing in District Judge, and Intering order of  “No Coercive Step by Police” was passed by District judge , hence Police Marked me in Charge Sheet “ On Police Bail “

My Anticipatory Bail Application Ultimately rejected by District Judge, High Court, and

Supreme Court Refused to entertain my SLP with comment As charge-sheet has been filed, we are of the view that the petitioner may seek regular bail.

(Now I understand that I need not to rush to suprem court, but due to lack of effective guidance and advice i did this mistake)

At this stage My Queries are :

Query 1

Can I file my petition in Judicial Magistrate court requesting to Allow me continue on Bail Provided by Police, by submitting fresh sureties as per satisfaction of Court.

For This can my Advocate take care or I need tp be present in Court while this petition is filed.

 

 Query 2

Few knowledgeable person who reviewed the FIR have commented that allegation against me is such that it does not comes under purview of 498a and DP act 3 & 4, no Physical Injury,  Yet Cognizance taken  against all three accused.

If I prefer to challenge FIR, what will be appropriate way :

  1. FIR Quash
  2. Cognizance Quash  
  3. Discharge Petition ( if Discharge Petition is preferred do I need to Physically present in Court to File Discharge Petition.

Requesting experts for best and appropriate advice considering above facts. Thanks and Best regards,



Learning

 10 Replies

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     08 August 2017

Read the latest SC JUDGMENT  of 27th July 2017  it is solution to all your problems.

 

Original Judgment copy is attached. It will of help for all others facing marriage related cases.


Attached File : 72971 20170808104449 7745488 sc latest 498a 27th july 17.pdf downloaded: 158 times

P. Venu (Advocate)     08 August 2017

The facts posted suggests that the Court has already taken cognisance and summons iddued. As such, you would have been granted bail (this is a routine process) and would continue to be bail, unless there is wilful default on your part in being present in the Court.

You have option to file a discharge petiiton or move the High Court under Section 482 CrPC. However, the Court would entertain the petitions only if the alleged acts and omissions, accepted as a whole and taken  in their face value, do not constitute the offence(s) alleged.

Mahi   09 August 2017

Dear Laxminarayan Sir, Please send that original judgement copy of SC attachment to the following mail id...I will be highly thankful to you. khan.mehtaab@gmail.com Thanks!

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     09 August 2017

Mahi I  have sent the original copy of the JUDGEMENT to your email ID, pl also share it with others so that they can benefit.

Rajdeep Majumder (Junior Lawyer)     11 August 2017

just consult with your advocate and put up the case record, and file a petition for bail.

pushpakrishna (propriter)     16 August 2017

Dear expert Laxminarayan sir Sr. Advocate May I have your kind attention for a few seconds please If it is convenient for you let me have the judgements on section 138 of NI Act infavor of the accused if any to my e mail pushpakrishna81@gmail.com Thanq sir in advance

pushpakrishna (propriter)     16 August 2017

Dear expert Laxminarayan sir Sr. Advocate May I have your kind attention for a few seconds please If it is convenient for you let me have the judgements on section 138 of NI Act infavor of the accused if any to my e mail pushpakrishna81@gmail.com Thanq sir in advance

pushpakrishna (propriter)     16 August 2017

Dear expert Laxminarayan sir Sr. Advocate May I have your kind attention for a few seconds please If it is convenient for you let me have the judgements on section 138 of NI Act infavor of the accused if any to my e mail pushpakrishna81@gmail.com Thanq sir in advance

pushpakrishna (propriter)     16 August 2017

Dear expert Laxminarayan sir Sr. Advocate May I have your kind attention for a few seconds please If it is convenient for you let me have the judgements on section 138 of NI Act infavor of the accused if any to my e mail pushpakrishna81@gmail.com Thanq sir in advance

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 August 2017

The above SC Judgment is one of exceptions where clear directions have been given to lower courts which they have to follow.

All other judgments are for particlar cases and people try to fit it but lower courts do not agree and you can not do any thing.

 

Far accused in cheque cases the main action is at cross examination  An expert cross you can win any case.

for guidance you have to show all the papers.


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