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498 a/dvc

Page no : 2

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     26 June 2014

Also file a petition u/s 91 CrPC and ask her to give evidence in support of her allegation as per Indian Evidence Act 1872

 

Please remember it is her responsibility to prove her allegation. Your evidences are added advantage to proof her false.

praveen (Electrical Engineer)     27 June 2014

Sir/Madam, Thank you very much for the valuable answers I have question here: Accused A1 - my self, A2- my mother, A3- my father, A4- my sister, A5-My Brother. My brother & sister is living in UK, she ( my wife) filed a case on five family members, In charge sheet police has mentioned sister and brother name If they want to come India what is their position, are this police going to arrest them, if what step to take further, what procedure I have to follow with my lawyer Because, I do not want my sister and brother to struggle after coming to India Thank you

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 June 2014

Please don't bring your brother and sister in India until all of you get Anticipatory bail.

 

Ref: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

praveen (Electrical Engineer)     28 June 2014

Bani Sir & Others,

1.    My lawyer is saying if anyone (brother/sister) of them coming to India before 10 days i have to update to him (Lawyer) so that he will be applying for anticipatory bail

2.    If they come here, after taking anticipatory bail, can they leave abroad again with out any problem, (If police create any problem to my brother and sister) to hand over the passport 

3.   Please let us know what action to take further with my lawyer, my intention is, my brother and sister has to leave abroad with out any struggle

--

Thanking you

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 June 2014

Please do not bring your brother or sister at all in India until you all get regular bail.

 

After regular bail they can apply of Quashing wtih Speedy Trial as I advised in the link above.

 

If you bring them then their passport will be seizes by the police and your lawyer will ask lot of money to get anticipatory bail and others. So please don't make mistake here.

 

I request you to read all posts on my above links.

praveen (Electrical Engineer)     28 June 2014

Bani Sir and Experts,

When I was arrested by police my lawyer applied for regular bail, my parents were absconding and my Lawyer applied for Anticipatory Bail

Now my question is!! How can I apply for regular bail for my sister and brother, they were abroad now, before they come to India, My lawyer will be applying for the anticipatory bail.

If AB is sanctioned by the court, are this (Police) going to take their passport, If AB got approved, can they go back to Abroad without any trouble

I think, Regular Bail is for - who got arrested and released on bail

Experts, please guide us

--

Thank you

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 June 2014

          

                                                   498A

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act. 


Please apply anticipatory bail U/S 438 CrPC in the Session Court or High Court in-person.

 

Please read every posts of the following links: -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 June 2014

Depends on the conditions of AB

praveen (Electrical Engineer)     29 June 2014

Bani Sir, 

I have their (bro and sister) signed "Power of Attorney" from both of them, now what to do? shall I apply for AB or Regular Bail

--

Thank you

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 July 2014

Apply for AB first.

praveen (Electrical Engineer)     08 July 2014

Hello,

Experts, my friends and seniors, please I need your advice and valuable suggestions

This morning 7/July/2014, Mahila Mandali women has come to my home and asked why we (my family) are not taking back my wife to my home, we asked them, already case has been running in the court, why this discussion now, as one of senior women among them as answered to us by saying, my FOL has given complaint to them saying that we harassed his daughter and in cash he has give 40 lakhs rupees as dowry, I explained them complete scenario from the beginning of the case
They showed us a complaint which Father out law has written on a white paper with his signature on it.
 
At last they said that why you want to waste your time better to go for the compromise the case, and they took my father mobile number, they said ll be calling on this case once had a talk to my FOL
 
Now, I need your valuable suggestions, what to do if they call or they come to my home once again, shall I do any compliment in the local police station or shall I file a counter case on my father out law regarding this issue :/

praveen (Electrical Engineer)     08 July 2014

FYI

We are not ready to compromise the case, we fight the case in the court itself

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 July 2014

They can't compel you for mediation. Please file FIR against each of the members by mentioning their names. More over this is already in court.

 

I could not understand your this point - "They showed us a complaint which Father out law has written on a white paper with his signature on it"

What kind of paper and what is FOL? Please explain me properly.

praveen (Electrical Engineer)     08 July 2014

Hello, 

Bani sir, 

FOL- Father -In-Law/Father out Law

"They showed us a complaint which Father out law has written on a white paper with his signature on it"

i.e. Mahila Mandali people has showed the letter; which my Father-in-law has written on a white plain sheet with his signature on it

In that letter he mention that , we harassed her daughter and tried to kill her two times. He also mentioned that he has given 25 laks cash in hand i.e. dowry and 2.50 lakh gift

Father -in -law requested mahila mandali people to take action on my family, and this mahila people has asked my family to compromise the case. we directly said to them, as we are going to fight the case in the court, no compromise in this

Now, I need help in this, if this people come once again to request us about the case to compromise, what action we have to take, shall we compliant in the police station or shall we file counter case on them

Now, I decided to file Tax Evasion Petition on my Father in law, could you please help me how to file the TEP

I am from Hyderabad, Andhra Pradesh, regarding this whom I have to contact

Thank you 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     10 July 2014

You can file RTI. Or you can contact some experienced tax consultant to get his IT returns. Do you have your father-in-laws Date-Of-Birth(DOB)? If yes, then you can get his PAN from KnowYourPAN website. Then you can contact a experienced tax consultant.

 

If again they comes then register FIR. Capture everything in video camera and file Writ Petition (Article 226) in High Court.

 

Also you can make a complain in National Human Rights (https://nhrc.nic.in/).


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