Accused under 498 a. what shall i do now.
kkyadav210
(Querist) 07 August 2017
This query is : Resolved
DEAR EXPERTS,
I AM ACCUSED UNDER FALSE 498 A CASE, FILED BY MY WIFE IN NOV 2016.
TILL DATE I DIDN'T RECEIVE ANY KIND OF SUMMON. SHE FILED A CASE UNDER 498 A,3/4 DP ACT, 504, 506.
MY FATHER, MOTHER, BROTHER AND MY SISTER INCLUDING ME ARE ACCUSED.
I WANT TO KNOW THAT WHAT ARE THE LEGAL STEPS WHICH I HAVE TO TAKE TO SAVE MYSELF AND MY FAMILY FROM THIS FALSE CASE.
PLEASE SUGGEST ME LEGAL OPTIONS.
THANKS
M V Gupta
(Expert) 08 August 2017
Check with the police whether the FIR was registered at all. If it has been registered u should take immediate action to obtain anticipatory bail from the court. Discuss with ur local advocate for necessary action.
P. Venu
(Expert) 08 August 2017
In view of the recent directions of the Supreme Court, there is no precautions to be taken unless the Court takes cognizance of the offence and issue summons.
Rajendra K Goyal
(Expert) 08 August 2017
Agree with the expert.
Better discuss in detail with local lawyer regarding procedure.
kkyadav210
(Querist) 08 August 2017
SIR FIR IS NOT REGISTERED.
THE CASE IS DIRECTLY FILED IN COURT IN NOV 2016.
TILL DATE ONLY SUMMON IS IN PROCESS. BUT WE DIDN'T RECEIVE ANY SUMMON TILL NOW.
HOME DISTRICT OF BOTH THE PARTIES ARE DIFFERENT. THE CASE IS FILED IN HOME DISTRICT OF MY WIFE. THE MATTER WRITTEN IN COMPLAIN ARE TOTALLY FAKE.
HER BROTHER RECEIVE MY WIFE AND MY NEW BORN SON(1 MONTH) FROM MY HOMETOWN, AND WHEN THEY REACHED TO THEIR HOMETOWN(MY WIFE'S HOMETOWN) NEXT DAY MY SON DIES. THEY DON'T INFORM US REGARDING ALL THESE, AND FILED A CASE AGAINST ME AND MY FAMILY.
WE DISCUSSED WITH MANY LAWYER'S. ALL OF THEM GIVE DIFFERENT SUGGESTIONS.
I WANT TO KNOW THAT IN SUCH CONDITION, WHAT IS MY STRONG POINT.
AND WHAT IS LEGAL STEP WHICH I HAVE TO TAKE.
THANKS
PLEASE SUGGEST ME SOLUTION TO MAKE MYSELF INNOCENT.
Dr J C Vashista
(Expert) 09 August 2017
Is it a examination hall question paper or real story?
From the facts provided you are fully aware about each and every step, allegation and proceedings of so called "criminal complaint case u/s 498A/506/509 IPC & Sections 3 and 4 of the Dowry Prohibition Act". The statement made is improbable and unbelievable.
As stated by you her brother received your wife from your hometown (presumably she was pregnant for 8th month) within one month she delivered a baby (boy) who died within one month in mysterious circumstance, which neither your wife nor in-laws informed your family/yourself, it is unbelievable statement.
Prima facie it is an academic topic for debate and hypothetical story. If it is true story contact, consult and engage a local prudent lawyer.
kkyadav210
(Querist) 13 August 2017
DEAR SIR
DR J C VASHISTA
ITS NOT A STORY, ITS A REAL INCIDENT DUE TO THIS WE SUFFER NOW.
she delivered a baby in my hometown after that she went to her hometown with her brother.
M V Gupta
(Expert) 13 August 2017
As the case is directly filed in the court, it will refer the matter to the Police for investigation. As per the recent judgement of the SC reported in the TOI, no arrests will be made unless the Police / court is satisfied that there is prima facie evidence of offence complained.
kkyadav210
(Querist) 18 August 2017
Dear sir
Mr. M V gupta
The case is not send to police.
Court ordered me and all my family member to present in the court.
but be don't have any legal summon received till now.
Rajendra K Goyal
(Expert) 18 August 2017
If you have knowledge that the summons have been issued, you may wait for the summons or can attend the court with your lawyer.
