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VICTIM (A)     23 June 2015

Working on deputation abroad facing 498a fir - police

I am posting this message here (from another forum) as the query is related to this forum


Hello All,


My wife has filed 498a (dowry) against me and FIR is already registered. .


Police is asking me to come for FIR investigation. But at that moment I am onsite (out of India) as I have an assignment with Client deputed from Indian compnay. I have still 5 more months left and I can't come back now. I already talked with my Indian HR and they say that I have to resign if I return now. So in case I come for FIR investigation than I will be jobless and no money.


Already I have spent so much money till now on so many cases. Also if I come for 1 week I am not sure that whether I can return back to complete my 5 more months of assignment abroad or not..


1. Please guide as to how to deal with this situation.


2. If I come than is there any chance I can go back in 1 week?


3. If I don't come than what all problems I can face when I return after 5 months.


Thanks to all.




 5 Replies

Rocky Smith (Instructor @ Calcutta (     23 June 2015

1. Please guide as to how to deal with this situation.


Don't come India till your onside period. Else your passport will be seized. Don't share your passport details to any body other than your employer. Be cool and do your work. If you are outside of India police con't arrest you.


2. If I come than is there any chance I can go back in 1 week?


Don't come India till your onsite period. Else your passport may be seized and you may become jobless.


3. If I don't come than what all problems I can face when I return after 5 months.


Before you come, apply anticipatory bail U/S 438 CrPC in Session Court or High Court by any friend whom you trust or any family member in-personDon't hire any advocate for this. They will extort you, harrase you and confused you.


Be cool and continue your work at onsite!  yes


Please read each of my posts carefully in the following links for sample petitions and other necessary clues. 971794 (Advocate)     11 September 2015

Pl follow Mr. Rocky Smith's advice. 

Sudhir Kumar, Advocate (Advocate)     12 September 2015

Agrred with Mr Rocky Smith on the views expressed on this thread. However, I will slightly differ. Going to the court without advocate is good idea but should be tried only if you are sure that your family member in India is capable of getting success in court without advocate.

Sudhir Kumar, Advocate (Advocate)     12 September 2015

Simultaneously you can be on look out for a job in India because while personally located in India you are in better position to handle the matter.

srk (Service)     16 September 2015

Though this is a delayed response, hope it will help you

if you go India now, it will be hard for you to come back, as the cops might seige your passport, forget about 1 week return, thats impossible even if you have a political background.

if you dont come now, it all depends on how much your inlaws a ready to spend, they can escalate the case which will result in Look out Circular, that way you will be arrested when you arrive in India and your Passport will be seized and arrested at the airport.

but if you come to India and attend the court dates there is a chance that you can request the court for the passport for your travel outside india for job purposes, only after a surety is provided.

My suggestion  try to negotiate and go for a settelment, if they dont oblige then dont go to India, find a new project or change employer if needed and continue your life, as you menitoned that the case was only filed against you dont need to worry about your family, no one is going to drag you from overseas to India. Forget about deportation and extradition you are not even close to that.

All the best my friend 


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