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Anis (Asst. Manager - Sales)     14 March 2012

Stay order against police / judicial custody



Dear Learned members, 

As few of you are aware that my wife has filed a false 498A and 406 3/4 case against me and my family. I had applied for AB and got interim relief from the Sessions Court. Now the next hearing is on 16/3/12 where the Hon'ble judge has asked the complainant to appear and has advised the Public Prosecutor to go for mediation first. I have few questions and will be very grateful if the learned members answer them.


Q1:- On 16/3/12 there is possibility that the police will ask for custody and if the custody is given then how can I get a stay order for the same?


Q2:- If my wife and the public prosecutor say that they don't want mediation then what happens?


Q3:- I have recorded evidence in which she has acknowledged that she has the gold with her.  Can I use the same in the court on 16/3/12 as now she is claiming that the gold is with me?


Q4:- Also she had sent a notice to me before filing the FIR. The allegations in her notice and FIR are contrary. Will this help me?


Q5:- She has accused my brother who is 21 years old and studying, that he is a black magic expert. How will the Hon'ble judge react to this allegation?


Q6:- She has given wrong information about her education in FIR. What can I do to prove that she has given wrong information and can I request the Hon'ble judge to initiate a case against her for providing wrong information to a Public Servant (Police).


Q7:- If the police search our house and are unable to recover the gold and my wife says that she also does not have it then what happens & how will the case be decided as I have the audio recording to support my claim that the gold is with her. It was recorded while i was having mobile phone conversation with her. I have the original media and the handset in which it was recorded?


Looking forward to your replies as your guidance has really helped me till now to fight my wife & my In-Laws and have also helped me in avoiding arrest.

Thanks & Regards,



 4 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 March 2012

These allegations are of no consequence.


Hopefully you would get AB.


What happened today?


Shonee Kapoor


Dear Anis

1. police can't ask for custody.

2. If both parties not desire to mediation than court can't force you.

3. Yes you can use that evidence But when submit recorded evidence in court prayed to court thathe order to paased regarding check it by an expert.

4. Yes if  it is.

5. Without any strong it can;t be proved. so no value of this evidence.

6. If she asked this in her evidence or used in 125 Cr.Pc case if any. than-------

7. Police has no right to search you house without any permission of court & court cant give this order.


Anis (Asst. Manager - Sales)     22 March 2012

Thank you Mr. Prajapati

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 March 2012

You have not mentioned what happened to your AB?





Shonee Kapoor

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