kumar B Kumar (service) 24 September 2016

Got summon notice from court in 498 fake case

Respected all, I got notice from kanpur court. My wife filled dowry case in july 2015, case open again with same charges. In between my case was in mediation and my wife agree to live with me separately in other location in rented home. I have settlement letter that both will live happy. But as time pass on she harnesses me and her family interference was too much. She did not respect my family. One day her brother came at my home and demanding money 25 lakh. Other wise ready for fake dowry case.i have all the recording of money demandung.i did not accept his offer.one day she runaway from my home with valuable item in absence of me. And filled a case in kanpur in Feb 2016. Not I got the summon notice from court regarding this matter. Police did not submit the Final report of mediation And filled chargesheet against me and my family. So from two dates I am not present in front of court. I got again next date. My lawyer told to me do not worry. I will Handle the case and take date again. So my question if I present in front of court police will arrest. Or only simply Question answer will ask from me ? Please guide me .... Thanks in Advance Bhupendra

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10 Replies

Laxmi Kant Joshi (Advocate ) 24 September 2016

Police had filed chargesheet against you in 498a case it means you are on bail , as per to me you must attend the court hearing and put yourself innocence before the court by submitting evidences you have with you , if you will not attend the court proceedings then arrest warrant will be issued against you and police will arrest you and also if you are on bail or AB your bail may be cancelled by the court ,

kumar B Kumar (service) 24 September 2016

Actually I am living in ghaziabad, here in local police near my home I filled a BW 5000 bond form . They told u r on bail now and attend the date. this is a one type of harassment for me to go kanpur .

kumar B Kumar (service) 24 September 2016

Should I go to kanpur court with lawyer or I can explain my side to court ?

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 24 September 2016

Do not remain careless. This is criminal case and at the time of settlement you should have been active and should have got it dismissed.

Since now it is on file of the court you have to attend the dates otherwise there will be NBW.

kumar B Kumar (service) 24 September 2016

If I present in the court on date aresting will be done ? , thats why I am afraid from the court. Case against me and my family total 4 person. Should all have to present.

ADVOCATE TRILOK (CRIMINAL family PROPERTY topfreind@gmail.com ) 24 September 2016

No there will not be any arresting since already there was bailable warrant.

You can apply for exemption of other members at least on next date and apply for regular exemption for them.

Laxmi Kant Joshi (Advocate ) 24 September 2016

On next date visit the court alongwith your parents ,engage a lawyer there for handling your case don't miss the hearing dates , court will not order to arrest you but the court proceedings starts thereon ,if you will not attend the next date date then nbw warrant will be issued against all of you .

Laxmi Kant Joshi (Advocate ) 24 September 2016

kumar B Kumar (service) 24 September 2016

Thanks Joshi G and Trilok G. But I am fears about my life , second party have threads me lots of time that they will kill me. And as of now case is in kanpur. And I am from Ghaziabad . It's 500 km distance .