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ovais khan (software)     14 February 2012

Anticipatory bail

Hi
one girl had filed FIR under 376 because i didnt marry her after Family met formally and said NO. Girl age 31 years at that time.No committment to marry in writing. Girl FIR also says that his family said NO to marriage after meeting.
apprehending arrest, I approached sessions court and was granted Anticipatory Bail with only condition that i will join the investigation as and when required.it was also written in order that Girl is a mature adult person and she knew what she was doing.
I joined the investigation thrice, i have prroof of that and medical etc .

They filed 1 false Police complained that i am threatening the girl, police didnt register case but filed a kalander . i have joined that proceedins too.


Opposite party filed revised petition in High Court asking cancellation of Bail on the basis of threatening, It was not entertained  and asked to Withdraw by the Judge and approach the necessary court.

Opposite party again came to sessions now asking cancellation of bail.

Questions:

1.My lawyer says that Bail will not be cancelled as it is through a Private counsel and we have joined the investigations and investigation is complete? is he right?

2. I/O  is not filing the chargesheet. it has been 6 months till date? Why is he doing so?

what can i do to ask him file chargesheet, i think he is favouring the Girl.Girl is known to be a very bad character in the locality and she can influence people very easily.

3.Girl has been harassing me unnecessarily, Can't i do something??

4. I have married now, can i file a case that this girl is harassing me and my family for no reason at all?

 

kindly advise!



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 February 2012

 

Dear Querist, 

 

The Experts have unanimously agreed not to answer queries for certain reasons. Please try asking this sometime later.

 

Sorry for the inconvenience. 

Advocate Shaad Anwar (Founder and Managing Partner)     15 February 2012

 hi,

1.My lawyer says that Bail will not be cancelled as it is through a Private counsel and we have joined the investigations and investigation is complete? is he right?

Ans. It is correct that your bail will not be canceled on the application move by the girl for cancellation of bail because the police have already taken care of alleged threat given by you by preparing “KALENDRA”.

 2. I/O is not filing the chargesheet. It has been 6 months till date? Why is he doing so? What can I do to ask him file charge sheet, I think he is favoring the Girl. Girl is known to be a very bad character in the locality and she can influence people very easily.

Ans: Since the accused is not in custody, therefore IO is not bound to file charge sheet within three months. Since the alleged offence did not come under the category of rape as defined u/s 376 IPC in the set of circumstance as you have been alleged. In fact, under these circumstances, you may be charge sheeted u/s 420 IPC because the modesty of the girl is a property. If any person takes away by any misrepresentation, he is guilty of offence u/s 420 IPC.

3.Girl has been harassing me unnecessarily, Can't i do something??

Ans. Face trial.

4. I have married now, can i file a case that this girl is harassing me and my family for no reason at all?

Ans. After acquittal you can file civil as well as criminal cases against the girl for malicious prosecution and compensation.

Regards,

Advocate Shaad Anwar

Mob- 9811038828

shaad@mylawyerdelhi.com

website: https://www.mylawyerdelhi.com

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 February 2012

Bail will not be cancelled , far all other allagetions you have to produce reliable evidence.

Chaitanya_Lawyer_Mumbai (Lawyer)     15 February 2012

You can file for quash in HC if you can prove that you lived with her with her consent.


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