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monish   07 June 2015

Regarding next steps - false allegation 498a, 323, 406

 

 

Hi All -
 
My case- 
I am staying in Bangalore and my Parents are in MadhyaPradesh and my wife staying with her parents in Rajasthan. We are living separately since October 2014. 
 
I don't want to stay with her for many reasons, no point discussing those reasons here. In laws are threatening if I will not take her back then they will case against me. Finally in March they gave application for same accusing me, my parents and my relatives. There were 2 counselling sessions took place and both failed. 
 
Today one Thanka In Charge (TI) and constable visited my hometown  MP. They asked my parents to call 2-3 neighbors for taking statement and no doubt they all spoke in our favor. They handover one list of Stridhan  (they claimed that they have given moon and stars) and asked my parents to pay visit to Police station where FIR is registered with all belongings.
 
My Advocate view:
Since day one he is asking not to file divorce case otherwise we will suffer a lot. We did what he said. To be at safer side, we also informed police that my wife may file false case against me and my relative. 
 
My advocate already sent a letter to PS, stating that all allegations are false and attached copy of application which we gave to PS of my hometown and Bangalore. He also mentioned that Police should follow guidelines given in "Arnesh Kumar v/s State of Bihar" otherwise it will be contempt of court. He also sent one copy to SP office. 
 
My lawyer also insisted that we should not go and talk to them for compromise, let them do everything. If they will do then we will be at better position. Finally they filed false case. 
 
Now my advocate is suggesting to apply for anticipatory bail for all (separately for me  and my parents).
 
I need your valuable suggestion: 
1. Police Inspector told to my parent that I need to come to PS. I will be called whenever be required. Should I go to PS proactively?
2. What are the chances of getting Anticipatory bail for me and my parents? How to increase the chances of getting it?
3. We are going to handover whatever we have from my wife family and deny other over stated figures. Will it be good step?
4. Can they issue warrant without doing preliminary investigation? Although IO told to my dad we will investigate then we will present Challan, after this step only Challan will be issued.
 
Thanks in Advance.


Learning

 2 Replies

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     07 June 2015

Originally posted by : monish

1. Police Inspector told to my parent that I need to come to PS. I will be called whenever be required. Should I go to PS proactively?

File RTI & ask about Arnesh Kumar Judgment & regarding 41-a NOTICE.

as per me it is wise to go to PS after 41-A is provided to you to record your statement


2. What are the chances of getting Anticipatory bail for me and my parents? How to increase the chances of getting it?

Your parents will certainly get it (without reasonable dount)

You will also get normally as per me but to make a strong AB Application kindly add some points from the below link.

https://www.youtube.com/watch?v=4VxUHNRJswo

Everything Ram Jethmalani said is true. He’s a good lawyer who is not afraid to talk in the Courtroom. Of course, his talk has a lot of hard work hidden behind it.

After writing those points feel free to discuss. You will get success for sure. Do NOT panic. Stay firm, Stay Calm. Do NOT show anxiety to police or your wife. Play on opponent's mind GOAL will be accompalished automatically.


3. We are going to handover whatever we have from my wife family and deny other over stated figures. Will it be good step?

Best but get video recording & also get it signed by wife plus one of her relatives must at PS else PS might try to implicate you on bribing by opp party. Video Recording is must (hidden or explicit)

4. Can they issue warrant without doing preliminary investigation? Although IO told to my dad we will investigate then we will present Challan, after this step only Challan will be issued.

If they do that then after CS you can ask diary entries etc thru RTI & if proved that no investigation then be ready to file PERJURY AGAINST COPS / IO for filing affidavit in court alongwith CS & implicating you.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     10 June 2015

Monish 

U  have been posting the same topic in different threads for quite sometime.Why don't U continue the same thread instead of confusing the experts and getting repeated answers.


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