Likely dowry case
vikas khatri
(Querist) 07 April 2016
This query is : Resolved
1.A heated argument took place between me and my wife. She called her parents and her parents took her with them and threatened me to file a dowry case against me. My marriage is 2.5 years old. As i am a government servants what should do to take precaution.
2.On which side share burden of evidence
3.whether police arrest or refer the matter to court directly
NANDKUMAR B SAWANT
(Expert) 08 April 2016
SIR,
KINDLY NOTE THAT.
1. YOU MAY URGENTLY APPLY SESSIONS COURT / HIGH COURT FOR ANTICIPATORY BAIL FOR YOU AND FOR YOUR OTHER FAMILY MEMBERS .YOU HAVE TO MENTION THE BRIEF FACTS AND ALSO THE POLICE STATION HAVING AREA JURISDICTION OF YOUR HOUSE WHERE THE MARRIED COUPLE RESIDED AND THE CHANCES OF FILING F.I.R.AGAINST YOU AND FAMILY. THE COURT WILL CALL REPORT OF POLICE AND WILL DECIDE YOUR APPLICATION.YOU MAY KEEP READY SURETY DOCUMENTS AND PERSONS KNOWING YOU WHO IS READY TO GIVE SURETY IN CASE OF ARREST. KINDLY NOTE THAT ANTICIPATORY BAIL ORDER IS ADDRESSED TO THE POLICE STATION WHERE F.I.R.IS REGISTERED OR CHANCES OF REGISTRATION OF SAME , AND COURT MAY DIRECT THAT IN CASE OF ARREST THE APPLICANTS MAY BE RELEASED ON BAIL BY FURNISHING SURETY. SO GOOD LUCK. ACT FAST.
N.B.SAWANT.,M.COM.LL.B.ADVOCATE HIGH COURT.
Devajyoti Barman
(Expert) 08 April 2016
Well, it appears a case u/s 498A, 406 IPC is registered agaisnt you.
If that is so then nothing to worry as the Police without sending notice u/s 41A of crpc can not arrest you.
In the meantime you can apply for anticipatory bail u/s 438 CRPC either in sessions court or in high court.
Gopal Verma Advocate-on-Record
(Expert) 08 April 2016
I agree with Barmanji so far as the apprehension of registration of a case is there for either of these offences or otherwise but being a government servant you should immediately take all the precautions/safeguards available to you. Immediately consult a good lawyer.
SAINATH DEVALLA
(Expert) 08 April 2016
Sr Adv Mr Barman has given requisite suggestion,act accordingly
P. Venu
(Expert) 09 April 2016
I am afraid you are overreacting when you have no information whether the FIR has been lodged. Even if so, the Police are required to investigate the matter. A mere argument need not result in criminal proceedings.
Dr J C Vashista
(Expert) 10 April 2016
Well advised by expert Mr. P Venu.
Wait and watch for action taken by your wife, it is still your personal apprehension, the anticipatory bail application (u/s 438 IPC) will be disposed without any order.
