I seek valuable advice from experts in my matter under section 498A and dowry protection 3 & 4
Stage : FIR registered in April 2015, in Ranchi, Jharkhand, Charge Sheet Submitted by Police in Court in August 2015, Cognizance taken by Judicial Magistrate in August 2015. Charge framing yet to be done
Total Number of Accused : Three. Myself (Husband), My Mother & My Father.
My Parents Granted Anticipatory Bail in District Judge , and are on regular bail.
At time of Submission of charge sheet my Anticipatory Bail was under Hearing in District Judge, and Intering order of “No Coercive Step by Police” was passed by District judge , hence Police Marked me in Charge Sheet “ On Police Bail “
My Anticipatory Bail Application Ultimately rejected by District Judge, High Court, and
Supreme Court Refused to entertain my SLP with comment As charge-sheet has been filed, we are of the view that the petitioner may seek regular bail.
(Now I understand that I need not to rush to suprem court, but due to lack of effective guidance and advice i did this mistake)
At this stage My Queries are :
Query 1
Can I file my petition in Judicial Magistrate court requesting to Allow me continue on Bail Provided by Police, by submitting fresh sureties as per satisfaction of Court.
For This can my Advocate take care or I need tp be present in Court while this petition is filed.
Query 2
Few knowledgeable person who reviewed the FIR have commented that allegation against me is such that it does not comes under purview of 498a and DP act 3 & 4, no Physical Injury, Yet Cognizance taken against all three accused.
If I prefer to challenge FIR, what will be appropriate way :
- FIR Quash
- Cognizance Quash
- Discharge Petition ( if Discharge Petition is preferred do I need to Physically present in Court to File Discharge Petition.
Requesting experts for best and appropriate advice considering above facts. Thanks and Best regards,
