section 498 A
sadiq
(Querist) 08 November 2010
This query is : Resolved
sir, we are suffering from a 498A case in uttar pradesh court since last 5 years and 5 month back we have requested high court for our bail as we failed to attend some of the dates in our application we have also requested high court that , the complainent have already made a request in the session court 5 years before as his complaint is not been registered by the local police and that time court have ordered local police for investigation and local police replied that there is no such kind of incident happened so that we can file 498A , but that case is still pending in the court , and after transfer of the local police inspector that is about 6 month later the complainent has given some bribe and ragistered FIR under section 498A and 3 or 4 other section too like 524 something...
and that request case is still pending with the court and court has not ordered to rajister the case...
on thesegrounds highcourt lucknow bench asked session court to see if the case is genuine or false...and revert us in 3 months
the judicial majistrate kept file on hold for more than 5 months and now called all of us to UP to put charge on us ,
please advise what could be our nest step and we all born and bougtup in mumbai and for every date we cant go there, the complainant is not ready for any talks...
please advise as 498A is been misused on us..
s.subramanian
(Expert) 08 November 2010
approach the High court again for quashing.
sadiq
(Querist) 09 November 2010
thank you for your reply sir, please tell me our entire 5 member family have been captured in this case its neccessary for all of us to be present in the court everytime, or the main accused (as per the complainat) my brothers presentee is sufficient enough.
aruntrivedi
(Expert) 09 November 2010
you make an application for grant of relief for remaining present all members seek order of HC
Arun Kumar Bhagat
(Expert) 13 November 2010
Apply for quashing of the proceedings in High Court.
Khaleel Ahmed Mohammed
(Expert) 14 November 2010
498/A is not a big weapon in the hands of the wife. Wait for some more time and defend the case.
sadiq
(Querist) 15 November 2010
sir thank you very much , please suggest what could be our next step as by elderly father is suffering from heart desease and my sisiter is a High BP patient , its very tough for me to manage their travel every time ...secondly by big brother whose wife have file the case against all of us , dont care about the family and now is seperate and i have to bear all this pain ..please suggest some good way to get out of this..
