498a
shyamal
(Querist) 22 April 2016
This query is : Resolved
Sir,
My Wife made a 498A Case against me and my family members including my sister. We stay at Kolkata and my sister stays at Mumbai. There is no connection between my sister and my wife for years. So we did not surrender my sister. The Investing Officer has written in the charge sheet that my sister is absconding. Can the same be quashed in the High Court.
Shyamal
Sudhir Kumar, Advocate
(Expert) 22 April 2016
You have unilaterally decided that she has no connection with the case and she did not surrender.
You have forgotten that :-
(I) There are allegations against her (true/false)
(II) For someone to be torturer his/her physical presence close to the victim is not absolutely essential.
(III) one who abets the crime may or may not be near the scene of crime.
Now you say that IO has alleged her to be absconder. What else do you think should have been expressed about an accused who could not be nabbed.
The conduct of lazy (or lenient) IO can lead to disciplinary action against him. He has failed to :-
(I) apply for NBW.
(II) go to Mumbai.
(III) arrest her
(IV) get permission of transit from Mumbai Court
(V) bring her to Kolkatta in custody (mostly without reservation)
Kumar Doab
(Expert) 22 April 2016
Engage a good lawyer.
Get a clean chit in inquiry.
Devajyoti Barman
(Expert) 23 April 2016
Well, since your sister's name is already in charge sheet she can not avoid the process of law anymore.
Got her bail asap.
Given the opinion of Calcutta High Court s concerned there should not be any problem in her getting bail as far as my clients in similar situations are concerned.
Kumar Doab
(Expert) 23 April 2016
Consult Expert Mr. Devajyoti Barman
Rajendra K Goyal
(Expert) 23 April 2016
Your sister has to get bail, agree with experts.
