Please help- ipc 498a, 323, 3/4d act

In civil court there is no arrest.

+91 98180 28828

www.mehnat.in

Hi Manish,

I read on website that 498A is deals as criminal case and not as civil case.....

Please clarify on this to me, My In-laws have charged complaint under ipc 498a, 323, 3/4d act...

When there is complaint under IPC sections you will have to take bail.  You can file an anticipatory bail application in the Dist., court at Bengaluru.  Your parents can also apply for the same in the Dist., court.

They will make an attempt to arrest you for sure, but then why have they called you to civil court? Your parents need to call the officer who has sent the letter to find out whether FIR has been prepared, and you will need to apply for anticipatory bail in the place where the FIR has been lodged, not in Bangalore.

Wait a minute.

 

The case is in UP. That means the FIR has been forwarded to court and as per the directions of Allahabad HC, the case is kept in abeyance for next 30 days and court would try to do the reconciliation.

 

You won't be arrested during that period. So go and try to settle the matter.

 

 

 

@Author

 

Before going to the court, kindly approach appropriate Sessions Court to seek Anticipatory Bail. There is NO dedicated civil court in the country. Every court premises contains civil courts as well we criminal courts. So it may be a case that they are trying to misguide you by saying that it is a civill court.

 

Please udnerstand that none of the section mention in your post would allow you to roam freely. You would be arrested as and when you are spotted by the police. First you get a clarity of FIR has been lodged against you under these sections. If yes, then immediately approach Sessions Court with Anticipatory Bail. If rejected then approach High Court of the area jurisdiction. I'm hopeful that you would be atleast awarded interim bail to prove your innocence.

 

All the best!

 

//peace

/Saurabh..V

Ld. Saurabh,

 

There is no Anticipatory Bail in UP. The provision is deleted in UP and Uttranchal.

 

Regards,

 

Shonee Kapoor

Ld. Saurabh,

 

There is no Anticipatory Bail in UP. The provision is deleted in UP and Uttranchal.

 

Regards,

 

Shonee Kapoor

@Shonee Kapoor

 

Thanks. I should have mentioned "Bail" in place of "AB". You are right.

 

@Author

 

To obtain regular bail, you have to apply again to Session Court but the difference would be that for regular bail you need to appear yourself and your physical presence is required. But for Anticipatory bail, this requirement is waived off.

 

MY VIEW ON AB IN UP & UK:: AB was dissolved in this state long back to stabilize law & order situation but as our system has been lethargic, this provision was never reviewed or revoked. It is now time to again reinstate provision of AB which if seen in the light of our Constitution, paves way for the fundamental right of "Freedom" in general.

 

//peace

/Saurabh..V

In UP I think you can get a stay on arrest, which in its effect is similar to anticipatory bail.

www.mehnat.in

Yes, that is what is required.

 

 

 

@shonee Kapoor Sir:

 

what are the implications, I came to know that my in-laws have made allegation that "I have demanded car from them and in case they are unable to give, I will not allow their daughter to come back to my home".

However the case is reverse, They have called her back in Aug 2012 and not allowed to come back to me, neither she want to come back as she spoke on phone several time to me.

I need to know whether they have to prove that I made such demand from them or how the matter will be resolved??

 

with thanx in advance...

 

record all the conversation by opening the veidio recording of the conversation with the opposites.... I said vedio means vedio .... while recording the matter keep the celll inside shirt pocket and once in while you lift the cell and focus the cemara towrds the faces to record the face.... is any illegal acts are done by them immedialtely file the criminal case withthat evidence.

It is for them to prove that you demanded these things. 90% of fight is over once you obtain bail.