498a nbw , urgent help for nri

Sudhir Kumar, Advocate (Advocate) 19 October 2014

If the things have come to cross examination then it appears there is FIR and also there is chargehseet and also there may be bail also.

Better give complete facts so that you do not suffer any wrong advise based on half facts.

amit8 (abcdef) 19 October 2014

it is a private complaint which has been done directly in court to judge.

there is no fir and chargesheet .

the judge accepts the complaint and send summons.

now based on these arguments the judge will decide if charges are to be framed or not.

This is what i am being told by my lawyer ,hence i seek your expert guidance on how the private 498a complaint proceeds ?

and based on the above what should be done about the nbw application ?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 19 October 2014

It will be there dream to bring you from abroad.

You have two options -

1) Appear in HC with some lawyer or with some relative-in-person on behalf of you for Speedy Trial and get the order. Submit it to the JM and appear through you lawyer and other relatives who are incurred in this case. You need not come. Your lawyer will represent you. Get it dispose of.

2) Since you are abroad then can't do anything if they don't know you employer details. If they don't know your employer details then don't come here and start a new life their. If possible change your employer there in abroad.

Please read each of my posts carefully in 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)) 19 October 2014

Public complain - There will be FIR on police station and police will investigate and file charge sheet. State will also remain a complainant with your wife.

Private complain - Only you wife is the complainant. Still you can apply for certified copy and apply for Speedy Trial.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 19 October 2014

Mr Amit,

Never share your passpost, Visa and employer related any thing with anybody. Not even with your lawyer also.

amit8 (abcdef) 19 October 2014

Thanks Rocky smith ,

they have all details ..

what can be done now ?

amit8 (abcdef) 19 October 2014

Also , in pvt complaint , just by stating that she is harrased for dowry and she has given dowry , without any evidence and just mere statment is it enough for judge to frame charges ? and call us there ?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 19 October 2014

a) You have to reissue your passport with some other address and jurisdiction with address proof.

b) Switch to some other company in abroad itself.

c) Apply for speedy trial as advised above.

Please don't share your personal details to anyone, not even your lawyer this time.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 19 October 2014

you can seek for documentary evidence as per Indian Evidence Act 1872 by filing a counter petition U/S 91 CrPC.

These corrupted women and lawyers never bother to prove anything except claims.

janaki (admin) 19 October 2014

dear friend,

I have a lot of information about this.. I am one of the victim.

If you are in USA, send email to jbhogineni@yahoo.com.

Don't worry I will share with you...

amit8 (abcdef) 19 October 2014

Thanks Rocky Smith

What documentary evidence as per Indian Evidence Act 1872 by filing a counter petition U/S 91 CrPC. should i seek for ? i am not clear.

Also in 498a pvt complaint can my presence not be exempted till their argument is over ?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 21 October 2014

Section 91 in The Code Of Criminal Procedure, 1973

91. Summons to produce document or other thing.

(1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed-

(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872 ), or the Bankers' Books Evidence Act, 1891 (13 of 1891 ) or

(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.

You can seek for documentary evdence as per CrPC 91, sub section 3 to forfiet her allegation for all 498A and 125 cases. Sample petition of CrPC 91 is there in my link.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 21 October 2014

Also in 498a pvt complaint can my presence not be exempted till their argument is over ?

This is a very important question. I saw people are very tensed in this. You can make a petition U/S 205 CrPC for permanent exemption by showing your job condition. The court will not hurt you career.

You will be represented through your representative (Attorney General, lawyer) before the court of law. Let other accused (Your parents, relative) appear. You should not come physically.

Please apply for Speedy Trial on priority.

amit8 (abcdef) 21 October 2014

Lawyer is attending , but no family memebers or relatives who can attend

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