Is anticipatory bail necessary in private 498a along with ipc 504 506 323 and 34
yashkirt Nimgaonkar
(Querist) 04 March 2016
This query is : Resolved
Hello, the great lawyers! my wife has filed a case u/s dv 2005 act in june 2015. Now she has filed private 498a along with IPC 504 506 323 34.is it a trap for me to get arrested by police has been set by her lawyer?! my query is that whether the police will arrest me and my all family members when i appear in court in DV case date? what are the stages of Private 498a and what should i do to fight it properly without being arrest by police. How much time it will take to obtain anticipatory bail and what is the procedure for AB. PLEASE GUIDE ME COZ MY DATE IN DV AND 498A IS SAME ON 14.03.2016. Thank you with the best hopes.
P. Venu
(Expert) 04 March 2016
Is it a private complaint filed in the Court or an FIR lodged with the Police?
Anyhow, the Police are under instruction not to effect any hasty steps in 498A case.
Adv. Yogen Kakade
(Expert) 04 March 2016
Offences are cognizable. Appoint a lwayer and file an application for Anticipatory Bail in the court.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888
Rajendra K Goyal
(Expert) 04 March 2016
Better discuss with your lawyer and if necessary go for anticipatory bail.
Dr J C Vashista
(Expert) 04 March 2016
1. No, none of you will be arrested till you are not summoned by the court on private complaint u/s 200 Cr PC.
2. In a complaint case u/s 12 of the Protection of Women From Domestic Violence Act, 2005 the magistrate has no power to issue arrest warrant.
3. What is the opinion and advise of your lawyer? Do you have faith in your lawyer or lost? If you do not have faith change immediatly.
4. Contest your case(s).
5. Consult some other local prudent lawyer for further queries and close this thread since the experts have advised you adequatly.
yashkirt Nimgaonkar
(Querist) 04 March 2016
Thank you Mr venu, Kakade, Goyal and Vashista sir.. i am aproaching to my lawyer who is my lawyer in DV case.. I did not lost any faith on her.. But worring little bit and i will try for anticipatory bail. thanks all of you.
Devajyoti Barman
(Expert) 05 March 2016
There is no concept for anticipatory bail for complaint case filed u/s 200 crpc.
In the 498A case just appear and seek bail .It is a matter of formality to grant bail in private complaint cases.
R.K Nanda
(Expert) 05 March 2016
agree with experts.
yashkirt Nimgaonkar
(Querist) 05 March 2016
TO THE EXPERT : DEVAJYOTI BARMAN AND R K NANDA, my wife is working in medical in thane district of maharashtra. i am living in Pune district in maharashtra. wife has already lodge a complaint DV 2015 U/S 12 18 20 22 in SANGAMNER COURT a tahasil place in Ahmednagar district of maharashtra.
JUDGE mrs karande has given a date 14.03.2015 to argument on interim to her and my 3 yr old son. Being known that she would not get interim she is asking for herself, in the revenge mood she has filed a 498a in private mode to the same court, along with the sections 323 34 506 504. Now am i thinking correct Mr BARMAN that I will suffer on the same date 14.03.2015 of jail for few days or not ? what can be done in the situation where yet i dont know what story she has wrote in that private complaint. please MR BARMAN AND MR R K NANDA please tell me in detail what can be happen to me on that date 14.03.2015 regarding private case of 498a ? WAITING FOR YOUR REPLY.. THANK YOU IN ADVANCE... ALSO OTHER EXPERT'S SUGGESTIONS ARE WELCOME
Devajyoti Barman
(Expert) 05 March 2016
Appear on that date and seek bail. It is an empty formality and you will get bail as a matter of course.
Dr J C Vashista
(Expert) 06 March 2016
1. Keep the fear of arrest out of court in given circumstances;
2. It is a complaint u/s 200 Cr. PC read with sections 323, 506, 509, 34 IPC wherein the Court shall satisy before taking cognizence;
3. Therefore, summons have not yet been issued to you or any other member of your family (accused).
4. In these circumstances you need not appear in the case(s)untill summoned.On being summoned seek bail (regular)and there is no need/requirement to ask for "anticipatory bail".
5. Seek guidance of your lawyer from time to time for further proceeding.
Best wishes
yashkirt Nimgaonkar
(Querist) 08 March 2016
MY SPECIAL THANKS to experts Mr Jevajyoti Barman And Expert Dr J C Vashista, Thank you Sir to guide me well. Now my fear has minimized to the zero extents. Thank yOu.
