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Anshu dubey (Sr Manager IT)     01 April 2014

Your opinion?

Dear Sir,

Today, our case investigation officer called me and asked to come at police station for bail (muchalka)…

 He said he is the operating power to release me on bail. When, I consult our lawyer he said no need to take a bail from Police station as your arrest has been stayed by High court. After final hearing and final outcome of the “Criminal Writ” we will take a bail from lower court. 

1.       Is this is the right strategy?

2.       Also, Police is not collecting evidence from my side.  

3.       They(girl side) are showing some incident of physical/mental violence related to dowry in Delhi.  While cases are running in JHANSI UP. Is Jhansi police / court entitled to hear this incident.

 

Please suggest!!!!

 

 

 

 



Learning

 8 Replies

Gautam Kapoor (IT professional Studying Law)     01 April 2014

@Anshu .. concrete,full details please.

Anshu dubey (Sr Manager IT)     01 April 2014

Sir,

My wife and in-laws filled the 498a, 323, etc etc… and DV case on me. Currently, I have arrest on stay by Allahabad high court till the next hearing. Mediation failed, Final outcome of the high court still pending.

Police is currently investigation the case.

 

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     01 April 2014

Without full information, no lawyer can advise preciously.Atleast abstract information is needed

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 April 2014

Dear Querist

as per your queries my opinion is as under

1. Is this is the right strategy?


Opinion: when the allahabad HC already grant stay till the next date of Hearing then no need to worry, police can not arrest you and without arresting there is no question of Bail, so your advocate is right.


2.       Also, Police is not collecting evidence from my side.

 

Opinion: send all the evidence via post to IO/SSP/IG of UP POlice.

 

3.       They(girl side) are showing some incident of physical/mental violence related to dowry in Delhi.  While cases are running in JHANSI UP. Is Jhansi police / court entitled to hear this incident.

 

Opinion: it is a matter of Jurisdiction and its depend on the FIR, as per my experience she mentioned any incident in Jhansi too. if not then you can challenge this proceedings on Jurisdiction Ground.

Feel Free to call

Anshu dubey (Sr Manager IT)     02 April 2014

Thanks Nadeem Sir.

Sudhir Kumar, Advocate (Advocate)     02 April 2014

can you come with fact as to what is the case

Sudhir Kumar, Advocate (Advocate)     02 April 2014

can you come with fact as to what is the case

Anshu dubey (Sr Manager IT)     05 April 2014

Girl filled the 498a etc case on me and my whole family. All family member surrender in the lower court and got bail except me.  I got stay on arrest from allahabad high court.

Date of incident, i was out of station as mentioned in FIR that i had beaten her for dowary. Police filling charge sheet against me without considersing the fact that i was out of station.

IO saying that....u will tell same thing into the court.

I have certified document from my office that i was performed offical duty on date of incident.


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