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Sufferer of 498 (Officer)     20 December 2011

498a - term for the prime accused

Every lawyer we went to (both high and lower court) also IO (Investigatin Officer), said that no matter how good lawyer we apponst the prime accused (me, the husband in this case), invariably will get a jail term, from 3 to 15 days. Is it true, isn't there anyway for the prime accused to get AB for a falsely framed 498A case.



Learning

 10 Replies

ravindra (Analyst)     20 December 2011

it is tottaly false. someone is scaring u. in 498a people gets interim bail on same day if u go with all the gifts and gold etc.

1 Like

Sanjeev (Lawyer)     20 December 2011

It may be true depends on the state where the case is as in many states the main accused dont get the bail on the same day but need to secure the same from the sessions court so it takes 5-7 days custody as to apply in the sessions court. In UP this is the case which happens.

But the co-accused who are the family members do get the bail on the same day from the trial court. So as I said a local viewpoint is always correct as that is based on the procedures that normally the courts follow.

@ Ravindra- you must be citing your experience and the Gold and cash which you are speaking about would only take care of the Sec 406 what about the cruelty section which is the main one Sec 498A. As I said if that is the view or the normal course which the trial court does in case of  granting bail to the Main accused so it might be true. I have seen magistrates know that the case is false but still hesitate to grant bail to the main accused.

Anyways try for AB first.

1 Like

Sufferer of 498 (Officer)     20 December 2011

Ravindra,

we are scared as hell, and people are cashing in on the same, we have lost 1 lakh, and we are yet to get our Ab, we are being the scrape goat here...... we are peace loving simple family, and the brides family are very very aggresive with two criminal lawyer present in their family itself. they have strong political backing as well, they are threatening al the other family members in the middle of the night, shouting and abusing them with bad words. They are extorting us with this case, from the 3rd or 4th days onwards after marriage the bride and her mother has started threatning us of 498A in case things do not go according to their wishes.

Sufferer of 498 (Officer)     20 December 2011

@Ravindra and @Sanjeev,

Will going to Mahila Commission strenthen their case? We had the Joint commissioner helping us till now, but once he heard mahinla commission gotten into it, he left ti like hot potato. We are simply helpless. Its a dire dire situation for us all my father (72), my unmarried aunt (70), my uncle (69),my father's aunt (80) also my unmarried sister (33)....the two neighbours my wife lodged fir against got AB on 8th dec.

cm jain sir (ccc)     20 December 2011

  1. First of all you dont panic.
  2. Its all normal things that lawyers tell to hatch money from the client.
  3. You follow-up your AB at high court and dont panic in rumours.
  4. you dont have to worry at all becoz if you are correct then nobody can harm you.
  5. you first bring confidence within your heart and mindset.
  6. you are unnecessarily worried. People will extract money if you will show your worry.
  7. You have to act precisely and in time as per requirement of the case.
  8. These politician and their lawywer can shout only but you have to represent your truth accurately and boldly in front of court.
  9. Plan the defence pointwise in consultation with your advocate and present your case in court.
  10. Dont come in front of police till you get AB.
  11. visit 498a.org website for more guidance.

thats all. I know you will also get AB if you keep cool and become alert.

Best wishes.

1 Like

(Guest)

PLEASE READ MY POST..IN YOUR OTHER QUERY ...

THE MAHILA COMMISSION IS BULLSHIT..MY WIFE ALSO FILED A COMPLAINT IN THE STATE COMMISSION FOR WOMEN...NOTHING HAPPENED...NOTHING...

THE CASE TURNED ON OUR FAVOR,,IN THE FIRST HEARING ITSELF...

FIND OUT WHETHER THERE IS AN FIR..I HAVE SERIOUS DOUBTS..BECAUSE IF THERE IS AN FIR,,,WHY ARE YOU NOT ARRESTED AS YET..

THEY ALL ARE LIEING..INCLUDING THE JOINT COMMISSIONER...

1 Like

Sufferer of 498 (Officer)     22 December 2011

thanks a load Gautam for answering the post, yes, there is a FIR, we are opting for AB, we went absconding so we never got arrested.

Sufferer of 498 (Officer)     22 December 2011

Thanks anonnimous, for sudh a detailed pointwise reply, thanks a lot for giving us a ray of hope when everything seems dull. Thats once again for the encouraging reply.......i just hope truth prevails and we get justice...

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 December 2011

Which State? 

 

In certain states, it might be true. But then if you have spent such a huge amount, why not go to SC for almost half of it.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Sufferer of 498 (Officer)     23 December 2011

Hi Shonee Sir,

Since i lost my AB plea in HC kolkata, my only option is SC, can u please suggest a good lawyer in SC who can get me AB?


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