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Samuel (CEO)     07 December 2012

Urgent pls: provide info on my ab order

Hello Lawyers and Learned Members ,

 

Need an urgent Suggestion on my AB order.

 

Here are the scenario against which I applied for AB and I have got the order as stated below.

 

Ø  My wife made a complaint at PS and after 2 days enquiry cum counseling, I walked off saying I won’t take my wife back right now.

Ø  The complaint was closed by wife stating as “ This is a family dispute, we shall take it among family”. NO FIR or Charge sheet.  

Ø  When My Lawyer filed for AB to concerned PS as Respondents. Court made an enquiry at corresponding PS and passed the Order as below.

 

 

My question:

 

 

Ø  As stated in order, if my AB petition is dismissed.. what steps I have to take next?

Ø  My Lawyer is claiming, my wife cant give case further at police station as the order says matrimonial dispute is closed. Hence No case No AB!- is it true?

Ø  My family and I safe on the below order? What if she file another complaint at another police station? Should I move to higher body court- please advice?

 

 

My AB Order from high court:

 

 

Petition for Anticipatory Bail under sec 438 Cr PC

Order: The Court made the following order.

1.       The learned Government Advocate ( Crl.Side) on instructions, would submit that this is a case of matrimonial dispute and an enquiry was conducted into the matter and the same was closed.

 

 

2.       Recording the said submission of the learned Government Advocate(crl.Side), this petition is dismissed.

 

 

This order, on being produced, be punctually observed and carried into execution by all concerned.

 



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 December 2012

Dear Querist

no need to worry, AB order is right 

 

As stated in order, if my AB petition is dismissed.. what steps I have to take next?

no need to worry wait and watch.

 

Ø  My Lawyer is claiming, my wife cant give case further at police station as the order says matrimonial dispute is closed. Hence No case No AB!- is it true? Yes

 

Ø  My family and I safe on the below order? What if she file another complaint at another police station?

yes there is no harm for your family. it's depend on future.

Should I move to higher body court- no need to go anywhere till filed any case against you.

Feel Free to Call

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 December 2012

1. Your Anticipatory Bail was dismissed as there was no real apprehension.

2. She can file again ! and an FIR can be registered.

3. By way of abundant caution you should make intimations to higher ups in police and other departments of the state the fate of her complaint.

4. The Closing down speaks volumes that hte dispute was a petty one and no real cause of torture or harassment, capitalise on this observation. 

Good Luck !

 

 

Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

1 Like

ANAMIKA VICHARE (LAWYER)     08 December 2012

If you were aware of the statement ofyofur wife given in the police Station...you should not have filed AB..

pl try to understand that the apprehension expected by law is not that wfhat you feel...

the ingredients for that apprehension is that ....there should be a complaint of a cognizable offence...

further you are permanent residents of the place

there is no criminal record of yours....

anyways...

AB got dismissed as rightly said By Adv Bharat is that there was no apprehension from the eyes of law as there was no complaint...case was closed...

and there are chancces...

because there is corruptiion....

but do not worry

you should alcways be prepared for the worst

if she files complaint....you will at least get a phone call from police

they might talk to you sweetly...if they do so....be careful

do not go to polcie station and straightaway file AB in the Sessions Court only stating...

that after the case was closed...she suddenly filed it again...

no need of appeal

 

 

For further advice being confidential and cannot be made public for  somebody might take disadvantage of the same…

Pl email me

anamika_vichare@rediffmail.com

Family Court Lawyer, Mumbai

Purush Hakka Saurakshan Samittee

 

 

 

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