Information required against 498a
Supriyo Bhattacharya
(Querist) 06 May 2014
This query is : Resolved
Sir,
I am from Kolkata. Age 35 years.I have been married in Nov'13.In the month of Feb'14 my wife alongwith her parents and brother committed an offence in our house which all the neighbouring people were witnessed.My father lodged a police complaint against them.To save her skin from the said offence she recently lodged 498a and DV against our whole family.However we got normal bail.Now our neighbouring people are very annoyed with that family for lodging false case and ready to file mass petition infavour of us.Now my question is whether this mass petition is helpful for us to fight against 498a and DV? [please ask if you need some more information]
Regards
Supriyo Bhattacharya
ajay sethi
(Expert) 06 May 2014
your neighbours can give evidence in your favour in various cases filed by your wife
Supriyo Bhattacharya
(Querist) 06 May 2014
Ajay sir,
Thanks for your prompt answer. We have collected 30 signatures in favour of us. Is it sufficient or I have to collect more. Will this evidence give me relief in those false cases?
Devajyoti Barman
(Expert) 06 May 2014
Dear Author, mass petition ahs no relevance in the trial of a case. it may on the contrary antagonise the court.
If there is no merit in the case, you can go for quashing. If your case is lodged in WB then go for quashing. The High Court,, Calcutta these days have taken firm stand against frivolous 498A cases.
Sankaranarayanan
(Expert) 06 May 2014
Yes neighbor witness is strong evidence favour to your case
Supriyo Bhattacharya
(Querist) 06 May 2014
I am really confused after reading the statement of Mr. Barman and Mr. Sankar. Both are contradictory.
Rajendra K Goyal
(Expert) 06 May 2014
No need and use to file case on mass signatures, If they really want to support you, they should give witness in your favor in cases from you and against you.
You may also explore the possibility of quashing of the FIR in High Court.
Supriyo Bhattacharya
(Querist) 07 May 2014
Sir,
We got bail from lower court against aforesaid 498a case. Now we came to know that they are going to Calcutta High Court to cancel our bail. Is it possible? If possible then what is the way to stop cancellation of bail?
Regards,
Supriyo Bhattacharya
ajay sethi
(Expert) 07 May 2014
cancellation of bail interferes with the. liberty already secured by the accused either on the exercise of discretion by the court or by the thrust of law. Supreme Court, therefore, observed that the power to take back in custody an accused who has been enlarged on bail has to be exercised with care and circumspection.
In Bhagirathsinha S/o Mahipat Singh Judeja v. State of Gujarat Supreme Court observed that very cogent and overwhelming circumstances are necessary for an order seeking cancellation of the bail. Even where a prima facie case is established the approach of the Court in the matter of bail is not that the accused should be detained by way of punishment but whether the presence of the accused would be readily-available for trial or that he is likely to abuse the discretion granted in his favour by tampering with evidence.
Supriyo Bhattacharya
(Querist) 07 May 2014
sorry Mr. Ajay nothing understood. If possible can you explain it in simple language?
Devajyoti Barman
(Expert) 07 May 2014
Yes, they can go to high court praying for cancellation of bail u/s 439 crpc.
However do not worry, it is generally not allowed so easily.
Supriyo Bhattacharya
(Querist) 09 May 2014
Dear sirs,
Are there any way to prove innocence before the protection officer against the case lodged by my wife [DV]? Does that mass petition will become helpful if I submit that before the protection officer?
Devajyoti Barman
(Expert) 09 May 2014
Neither report of Protection officer nor mass petition has any value.
It often brings the person to bad light. Refrain from bring mass petition.
Supriyo Bhattacharya
(Querist) 09 May 2014
Barman Sir, what to do now? I dont know what allegations they have lodged but whatever it is, it is totally false. Everybody knows that. What should I do to avoid any adverse report to be given by protection officer?
