False complaint by wife
Querist :
Anonymous
(Querist) 02 February 2010
This query is : Resolved
Dear Experts,
My wife filed a false 498a case in yr 2006 and on sep'2009 at the time trial she was been a hostile as we paid her and made agreement for divorce also.In between my filed case stating that three persons attacked her with blade and she was wounded,They called me several times and i attended honestly & cooperated for enquiry,i submitted all proofs that iam away from my house and from place of incident.Now after 6 months ,police calling me that they will arrest even if they are not having any evidence.Pls help me for this query.
what steps can we take to avoid this arrest and if they send to court ,what actions can we take on my wife for this false complaint? and lastly what cases can we file on police?any other remedies pls suggest.
Regards,
B K Raghavendra Rao
(Expert) 02 February 2010
Try to know who has given the complaint, if you are not suspecting your wife. As you say you were away from the place of incident, you need to have some documentary evidences or witnesses to corroborate your statement. If your wife has not given the complaint, you are safe. However, you need to apply for anticipatory bail. When you have not done anything wrong, you may face the situation boldly, nothing will happen but some harassment.
Querist :
Anonymous
(Querist) 02 February 2010
i have documentry evidence which is submitted original to Inspector and true copies are with me.where we can file anticipatory bail?
Querist :
Anonymous
(Querist) 02 February 2010
pls suggest me the suitable grounds for granting AB.
Sukhija
(Expert) 02 February 2010
In sessions court u can file ABA, if FIR is registered against u and u have apprehensions that u might b arrested.ur lawyer will take care of grounds for ABA
Vijyant Nigam (09807349001)
(Expert) 02 February 2010
please specify the place you reside and the place where the fir is registered against yout. first it is to be seen that provision for aba may not be barred in your case. like in uttar pradesh, aba could not be granted.
also specify that who has filed case.
please put in your mind:
WHERE THERE IS A WILL, THERE IS A WAY,
WHERE THERE IS A WAY, THERE IS A DISPUTE,
WHERE THERE IS A DISPUTE, THERE IS A LAW,
WHERE THERE IS A LAW, THERE IS A LAWYER...
always be specific for a better advice.
and not hide yourself.
with regards
vijyant
9794208026
Querist :
Anonymous
(Querist) 03 February 2010
State-AP,Place of incident is not coming under our PS.My wife stays in another area which is just 10km away from my place.At the time of incident i was in my job at hyderabad.
B K Raghavendra Rao
(Expert) 04 February 2010
Take anticipatory bail from the jurisdictional sessions court in your area of present residence. The court would call for objections from the concerned police station where the complainant is residing.You need to be present in the court when your lawyer moves application for bail.
