False 498 a

1) you cannot move directly to H.c without first moving to session

2) No you cannot move directly to S.C

3) Anticipatory bail is valid until police report  is not filed

You have to wait until charge sheet is filed and then go for the quash.The HC or SC has no jurisdiction to interfere in investigation until it was completed.

Hi

while going to police station or applying bail in district court plz submit all stridhan which your wife has bring to your house other wise court will not grant u bail.

Thanks

Ravindra Sonavane

@ Ravindra

   What happens in the case when the wife has already taken away all the stridhan and more. So in essence if the woman has been astute, the guy cannot even get a bail?

my wife has already taken back all her jewellary and some of my certificates and now she is denying all of those. I have filed a entry to the nearest police station on that same day but also requested them not to take any action on her as she is my wife and I had never thought that she would file 498 a against me. Since the FIR is not lodged and it's a complain case in the lower court , and I am in a govt job so I am not filing any  case against my wife and in-laws as I think that this will make them lodge an FIR to get me arrested. So plz guide me what should I do now?

@Zeeshan

   What do we return when we have nothing of the woman. They have given a long list of 6 pages of which everything which she has given has been already taken. The rest is all exaggerated. So I am still unclear, what do we return?

Kindly advise.

@ Zeeshan

   Do you really believe in this era of educated individuals any self respecting guy would be looking to get any kind of financial help or in kind from his in laws.

@ Zeeshan

  Thanks for your wishes. Mine was an arranged marriage, my parents and myself have been completely against dowry. 

Experts : Any suggestions/ comments welcome to shed light on the above matter. Can the judge refuse bail because we cannot give back the alleged furniture and stridhan that the woman claims, while we have none of it.

Mine is also the same issue I work in city1 and my wife stay in city2 around 2000 km away from city1 they did not give any furniture.

She came with her clothes.

At the time of marriage they have given clothes to my relatives one ring to me.

No utensils etc.

My father in law gave rs 21,000 check at the time of marriage by saying purchase some furniture by this. But the funiture which I purchased cost me around 1,73,000. Should I give my money purchased furniture also?

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(1) Under section 438 of Criminal Procedure Court (Cr.PC),  the High Court or the Session Court has the power to grant Anticipatory Bail.

(2) Under Section 439 of Cr.PC The High Court Or the Session Court has the power to grant the Regular Bail.

(3) Under Article 136 of The Constitution of India, Supreme Court may be approached who may, in its discretion, grant special leave to appeal to you from any order etc. of any court.

But either of the aforesaid three courses will be open to you when any order is passed in your case. you have just been summoned it may happen you may be required only to furnish bond under Section 88 Cr.PC to ensure your appearance.

It is advisable first you move for anticipatory bail in the Session Court/High Court.

Sanjay kumar ji thanx for valued suggestion. Sir I want to know the difference of a complain case 498 A filed in a court and A 498 A FIR in a police station. Because the summons has been issued to us 2 months back and no warrants has been issued yet. But, in the FIR cases the arrests are very fast. SIR , I want to know that if I respon to the summons and appear before the sessions court , can I get arrested then and there itself or I will get some relief on putting my side before the court. pls suggest.

If the case in which the cognisance has been taken by the magistrate is a summon case, a summon is issued in the first instance for the attendance of the accused in court. However, if at any time, the magistrate has reason to believe that the accused has absconded or would not obey the summons, naturally he may issue a warrant for his arrest.

You may get relief legally on compliance of the summon.

For you other less important query at this stage here is the following:

 Besides  the Police (FIR), the magistrate takes cognisance of a case  upon (i) upon receiving a complaint,or (ii) upon information received from any person, or (iii) upon the knowledge of the magistrate himself. In the FIR cases police gets power to arrest without warrant whereas in other three cases arrest  depends upon issue of warrant by the Magistrate. 

Sanjay kumar ji thanx again. Sir I want to know

1) As you have suggested to appear before the court in response to summons, so sir I want to know the chances of my arrest then and there itself or what will be relief for me there?

2) sir since the summons has been issued to myself, my brother and mother so if I want to go for quashing , then can I file a single application for quashing or I have to go separately for 3 quashing application.

Hoping for your reply sir.