Very urgent( 498-a/406)
yogesh
(Querist) 22 September 2012
This query is : Resolved
Dear Expert Members,
My family(residents of Delhi) has been falsely implicated in false cases of 498-A/406 and FIR was registered in Adjoining state and we move the A.B application before the session court and was given A.B for 60 days( on 01/08/2012)with the condition that we join the investigation and return all the dowry articles and also have to move the regular bail application before the Ld Ilaqa magistrate
We returned all the articles on 29/08/2012 and inventory was prepared by I.O and we join the investigation..We move the regular bail before the Ilaqa magistrate which issued notices for 19/08/2012 and on 19/08/2012, the complainant and P.P opposed our bail application and stated that all dowry articles have not been returned.( the complainant herein demanding exorbidant amount of gold)..The Ld Magistrate fix the date for arguments and we have withdraw our application with the liberity to approach before to the session court for rectification and clarification of order..
Today the hearing took place before the session court and Hon'ble judge sought proof from Complianant/P.P..The I.O could only produce the receipt of Rs 4,500/- jewellery..The hon'ble court too has sought the provisions for entertaining the application and our counsel has relied upon judgments on rectification and clarification of order and finally order was reserved
My apprehension ( since pertains to my family)..In case our application for rectification and clarification get rejected by session court..what remedy will be left for us?
PLEASE PROVIDE THE APPROPRIATE REMEDY
ajay sethi
(Expert) 22 September 2012
wait for orders to be passed by court . you have a good lawyer .
trust him . the complainant has not been able yo produce proof of the purchase of jwellery .
you have already given list of jwellery returned to your wife . if your wife has claimed exhoribtant amount of gold jwellery she has to prove the same by means of evidence
Kiran Kumar
(Expert) 22 September 2012
I think your lawyer is handling the case properly.
You must have faith in him, keeping in view the facts of your case, as mentioned above, I think the necessary relief will be granted to you.
In case some adverse orders are passed then definitely you will be required to approach High Court.
yogesh
(Querist) 24 September 2012
Thanks for advice
PARTHA P BORBORA
(Expert) 24 September 2012
Yes, you should wait for the order of the Sessions Judge. If the sessions judge reject your prayer you can approach the High Court.
yogesh
(Querist) 25 September 2012
thanks for advice
