498a adivse require urgently

sufferer (Querist) 28 July 2013 This query is : Resolved
Dear reader,
I got married in dec2009,marriage happened in the very simple way without dowry, as i was working in Qatar at that time, i stayed only 20 days with her at my home. My widow mother and my wife use to stay at my native home in India,as soon as i went, my wife starts abusing my mother on her silly demands of sending her daily to her mother place and demanding to allow her to speak to her ex bf. as i am physically handicap(suffering from polio) she use to comment me on my physical status, after i left she started abusing my mother about my handicapped condition, alternative days she use to lock her in a room and threatening her to commit suicide if her demands are not fulfilled, after 2 months she left to her parents house with her bf, where she delivered a baby boy, in april 2011 she file a complaint against me and my mother a local women cell where they insisted my mother to call me immediately, after that they file as filled an FIR (498a)against me and my mother on june 2011, we consulted the lawyer, as all the charged mentioned are false, he advised us that we should request for the fair police inquiry.My mother requested the local SSP for the fair police inquiry against the logged FIR, the result of the inquiry is in our favor, in the report given by SSP its mentioned that mother is innocent and her name should be withdrawn from the FIR. As in the meantime i have changed my job and now working in Dubai and did not went to India,after my marriage visit. in dec 2013 my mother requested to DIG(Border range) for the fair inquiry against my name in FIR. April 2013 we got the inquiry report for from DIG office mentioned that all the charged on me are false and i am innocent.
as my mother is alone back in India and not knowing much abt this police issue, she visited the police station many time with the RTI signed inquiry report but they did not took any action, now they have asked my mother to case has been given to court and i have to present in court otherwise they will declare me as PO.
My lawyer is saying that inquiry by the police (SSP & DIG) wiil not be considered by the court.
Please advise how can i save myself and my mother from this false case, can i appeal for the quash in HC on the basis of these inquiry reports?
Being the only son and only one working hand in the family i want save my job as much as possible.they are threatening me to seize my passport as soon as i land in India.
My passport is going to expire in 2015, can i renew it now from Indian consulate in Dubai? as i worried they may do the inquiry for the local police station.

please advise any way to save my old mother and my self from this disaster case, if possible advise my any good lawyer in Punjab HC to whom i can consult from here.your urgent reply will highly appreciated.

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Advocate M.Bhadra (Expert) 28 July 2013
Since FIR once lodge and is pending then you should get anticipatory bail u/s.438 Cr.p.C. in District or High Court.Merit of Quashing petition in High Court are rare incident,so you have to face the trial in court below.

Section 6(2) in The Passports Act, 1967

(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub- section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:--
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his
application, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.

Calcutta High Court
Abhijit Sen vs Superintendent ... on 18 September, 2003
Equivalent citations: 2004 (1) CHN 66, 2004 CriLJ 1281
Author: D Seth
Bench: D Seth, R Sinha

In the circumstances, subject to the decision of this Court we relax the order restraining the appellant/petitioner from leaving India on the basis of the passport granted to him. Till the decision of this application the petitioner shall be entitled to leave India on the basis of the passport. If already impounded, the passport be released to him on the basis of the security already deposited with the Registrar, Original Side. However, this is subject to the condition that the appellant/petitioner shall inform his itinerary before leaving India to the Regional Passport Authorities as well as the Officer-in-Charge, Lake Police Station and the expected dates when he is supposed to come back and every time he leaves India and comes back whenever to India, he will send information to the said respective officers.

prabhakar singh (Expert) 28 July 2013
EXPERT BHADRA HAS WELL ADVISED YOU.MR.KIRAN KUMAR AN EXPERT HERE IS FROM PUNJAB WHOM YOU MAY CONSULT IF YOU SO WANT AFTER VISITING HIS PROFILE WHERE HIS CELL NO. AND EMAIL ADDRESS IS AVAILABLE.YOU MAY LOCATE HIM AT SERIAL NO.18 IN HALL OF FAME WITHOUT GIVING ANY MIND TO RANKING WHICH IS GIVEN HERE DOES NOT SPEAK ABOUT COMPETENCE OF ANY LAWYER.