Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shailesh shukla (none)     24 June 2012

Help in 498a: police atrocities

Hello All,

 

This is with regards to my previuos post.  Can some please point me to any help against police in 498A. My family is constantly harrassed by police for extortion purpose. I am not in india . I am studying in UK and they keep pressing my family to call me to India.


Can any of you friends please point me to any where were I can seek some help against the police officer who is handling my case in Mumbai . My wife's brother is  lawyer and he knows the polce officer who has registered this case against me and my mother. Since the day one, he has been threatening my family that he is going to get a red corner notice against me and get me deported and jailed. Please advice on this.

 

Thanking you all in anticipation,

Regards

Shailesh



Learning

 11 Replies

farhat sayed (NA)     25 June 2012

As far as your deportation is concerned it all depends which date your wife has filed complaint and since when are you in Uk try to take poplitical asylaum with help of any lawyer in UK secondly if your mother is senior citizen tell her to go to dignity foundation for help. Remember if your wife has narrated in her complaint that you ill treated her long back that is absolutley baseless and in court its very negligible if she says you caused her any trouble when you were in UK then take no tensions. Appoint any lawyer you know or tell your parents to go to advocate M A khan 285 sucheta niwas shaheed bhagat singh road CST near LALIT hotel he is good lawyer i know who gives hoest advice. Dont think about comming here because husband is accused number 1 and in more jeopardy dont think about any compromises these  thing are painful in begning but after six month or year girl or her family comes on their knees asking for compromise then it will be your turn to make them dance at your tunes. People often think that lawyer can create lot of trouble but it is not applicable everywhere log on to 498a.org you might also get many hint how to break this web and come out of you you might also get contact of some lawyers who mostly deal with such cases. Dont worry at the first instance try and get anticipatory bail if you get bail no got damn police afficer can lay his hands on you. there are many things important which one misses out that is complaint should be filed within 24 hours of offence commited and i am sure your wife must not have done that. Another help your mother can get is from press if she can seek some help of reporters who can shoot a video of how police officers are troubling your mother that will serve the purpose or any neighbour who can testify the problem police officers are causing to your mother. Dont panic my friend just get the bail first and then sit unless your wife begs before you. Your lawyer brother inlaw also knows these stories does not work for so long. Hope you'll come out of it soon.

 

Good Luck 

farhat sayed (NA)     25 June 2012

As far as your deportation is concerned it all depends which date your wife has filed complaint and since when are you in Uk try to take poplitical asylaum with help of any lawyer in UK secondly if your mother is senior citizen tell her to go to dignity foundation for help. Remember if your wife has narrated in her complaint that you ill treated her long back that is absolutley baseless and in court its very negligible if she says you caused her any trouble when you were in UK then take no tensions. Appoint any lawyer you know or tell your parents to go to advocate M A khan 285 sucheta niwas shaheed bhagat singh road CST near LALIT hotel he is good lawyer i know who gives hoest advice. Dont think about comming here because husband is accused number 1 and in more jeopardy dont think about any compromises these  thing are painful in begning but after six month or year girl or her family comes on their knees asking for compromise then it will be your turn to make them dance at your tunes. People often think that lawyer can create lot of trouble but it is not applicable everywhere log on to 498a.org you might also get many hint how to break this web and come out of you you might also get contact of some lawyers who mostly deal with such cases. Dont worry at the first instance try and get anticipatory bail if you get bail no got damn police afficer can lay his hands on you. there are many things important which one misses out that is complaint should be filed within 24 hours of offence commited and i am sure your wife must not have done that. Another help your mother can get is from press if she can seek some help of reporters who can shoot a video of how police officers are troubling your mother that will serve the purpose or any neighbour who can testify the problem police officers are causing to your mother. Dont panic my friend just get the bail first and then sit unless your wife begs before you. Your lawyer brother inlaw also knows these stories does not work for so long. Hope you'll come out of it soon.

 

Good Luck 

shailesh shukla (none)     25 June 2012

Dear Farhat,

 

 I would like to thank you for prividing me with this useful information. I am obliged and I thank you for that. This is more of a mental stress that I am going through at the moment. My mother was arrested in 498A and was released on a bail a day later.  I will be getting in touch with the lawyer you have recommended. My wife left my parents house with her bother. After 2 years she filed a dessertion case against me in the women cell and later she filed 498A case/406 and 34 IPC cases against me and my mother only. 

I was in UK for the period of 2 years studying my graduates and now i am doing my post graduates here. 

Thank you once again for your help and support.


Kind Regards

Shailesh

shailesh shukla (none)     25 June 2012

Dear Farhat,

 

 I would like to thank you for prividing me with this useful information. I am obliged and I thank you for that. This is more of a mental stress that I am going through at the moment. My mother was arrested in 498A and was released on a bail a day later.  I will be getting in touch with the lawyer you have recommended. My wife left my parents house with her bother. After 2 years she filed a dessertion case against me in the women cell and later she filed 498A case/406 and 34 IPC cases against me and my mother only. 

I was in UK for the period of 2 years studying my graduates and now i am doing my post graduates here. 

Thank you once again for your help and support.


Kind Regards

Shailesh

farhat sayed (NA)     25 June 2012

dont panic i know the problem one has to face in such stupid cases i would rather suggest you to take a PR and then a citizenship of UK so that once you become UK or US citizen even Indian Govt will think twice to put its hand on you afterall our govt run on their mercy. This is the simplest solution secondly marry any UK Girl after divorce because now in India after every one house you other is involved in 498a cases what i mean to say is indian woman are not trustworthy any more.

farhat sayed (NA)     25 June 2012

Iss it possible to get evidences that your brother in law is threatning you in UK so that you an sue him in Uk consult any lawyer there then he will come to know what extradition is find out from any lawyer in Uk if you are threatned by any of your In laws in UK can you sue them in UK and get them extradited if answer is yes then my friend i would suggest kick their butt hard its as obvious that extradition will kill them they will beg before you for compromise all you need to do is first confirmwhat i mentioned then try to create a circumstance that he threaten you when you are in UK just try your Luck because fighting here requires lot of time which we dont have. Hope you find any option.

farhat sayed (NA)     25 June 2012

I never said hat complaint cannot be lodged if not filed within 24 hours what i meant is the court always considers the time when was the complaint filed and now a days even judges knows how true ccases of 498a is and i am talking on ground of experience and not only Law. Because i discovered that the merit of case also rest as to when was the complaint filed and police and judges can themselves figure out that is complaint filed aftre long span of time then how true can the complaint be. And i discovered it when i have been to court. Secondly there is no limitation for filing a complaint so question of limitatiuon does not come into picture.

farhat sayed (NA)     25 June 2012

I never said hat complaint cannot be lodged if not filed within 24 hours what i meant is the court always considers the time when was the complaint filed and now a days even judges knows how true ccases of 498a is and i am talking on ground of experience and not only Law. Because i discovered that the merit of case also rest as to when was the complaint filed and police and judges can themselves figure out that is complaint filed aftre long span of time then how true can the complaint be. And i discovered it when i have been to court. Secondly there is no limitation for filing a complaint so question of limitatiuon does not come into picture.

Ramanathan G (Independent practice)     25 June 2012

Sirs,

In India, or all over the world, no one can escape from the Investigating agency, which have name in India POLICE.

Policemen are also humans like us. However, if you think that, you got a bad policeman in front of you, that is equal to facing victim of Road Rage in the hands of Goondas or facing cruel ragging in your college.

If you/ your relatives are willing to be honest in giving Disclosure Statements, no Investigating Agency in this world prefer to torture you. The moment they know that u r telling the true and complete statements, they will file the "Final Report", and send to the Magistrate court, and proceed to investigate the next case.

However if you happen to meet a bad policeman, after satisfying with incidents (not your intuition or guess, but solid incidents - your only statement is sufficient to presume the Profeciency of the Policeman), that he is not after disclosure statement, but also money, to harass you; you can proceed to his Superiors and Court. At first the Magistrate court, then to High court in writ petition.

If the superior is not responding, at the earliest, write to Human Rights Commission. I think there is a limitation of 1 year.

Please do not think that, said policeman will loose job or will be transferred with the first complaint. Normally now the Police Establishment will come to know that u r honest in your Disclosure Statements. That is the end of the matter.

Remember to write all the truth and incidents - any link forgot or neglected to write, will never be allowed to "amend". No after-thoughts or second thoughts.

Regarding the Police's compulsion to call you back to India, in some cases the Policemen keep relatives of the accused in the PS illegally, to compel him to produce in the PS; i have nothing to advice - any way u r also duty bound to appear before the Investigating Officer, to give your Disclosure statements.

Wish you all the best. When you go out of the house, no one know will some wrongly jump infront of you, or hit you from back - in both the cases there is an accident.

Regarding govt establishments also give this much margin, or you cannot breath in this world.

Wish you all the best.

Ramanathan2108@gmail.com

Ramanathan G (Independent practice)     25 June 2012

Sirs,

In India, or all over the world, no one can escape from the Investigating agency, which have name in India POLICE.

Policemen are also humans like us. However, if you think that, you got a bad policeman in front of you, that is equal to facing victim of Road Rage in the hands of Goondas or facing cruel ragging in your college.

If you/ your relatives are willing to be honest in giving Disclosure Statements, no Investigating Agency in this world prefer to torture you. The moment they know that u r telling the true and complete statements, they will file the "Final Report", and send to the Magistrate court, and proceed to investigate the next case.

However if you happen to meet a bad policeman, after satisfying with incidents (not your intuition or guess, but solid incidents - your only statement is sufficient to presume the Profeciency of the Policeman), that he is not after disclosure statement, but also money, to harass you; you can proceed to his Superiors and Court. At first the Magistrate court, then to High court in writ petition.

If the superior is not responding, at the earliest, write to Human Rights Commission. I think there is a limitation of 1 year.

Please do not think that, said policeman will loose job or will be transferred with the first complaint. Normally now the Police Establishment will come to know that u r honest in your Disclosure Statements. That is the end of the matter.

Remember to write all the truth and incidents - any link forgot or neglected to write, will never be allowed to "amend". No after-thoughts or second thoughts.

Regarding the Police's compulsion to call you back to India, in some cases the Policemen keep relatives of the accused in the PS illegally, to compel him to produce in the PS; i have nothing to advice - any way u r also duty bound to appear before the Investigating Officer, to give your Disclosure statements.

Wish you all the best. When you go out of the house, no one know will some wrongly jump infront of you, or hit you from back - in both the cases there is an accident.

Regarding govt establishments also give this much margin, or you cannot breath in this world.

Wish you all the best.

Ramanathan2108@gmail.com


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register