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sagar jadhav (employee)     28 June 2014

Plz answer pinpointly

Wife files fake fake 498a in pune,no arrest warrant yet

 

police called me 1 month ago ,last week when I was on the way got accident with leg fracture,same day police second time called me ,but I could not pickup phone since on the way

also I am not sure what ever I say to police he will ask bribe only and can put anything on report

 

 

what shld I do,also mobile got damaged and lost no of police station



Learning

 23 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     28 June 2014

You also should file an FIR against her by narrating all of these points.

 

I request you to read all of my posts on the following links for better idea : -

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     29 June 2014

Dear Querist file AB before session court and get AB after that fight the case on merit. Feel Free to call

sagar jadhav (employee)     29 June 2014

 

 

Please read first then reply

T. Kalaiselvan, Advocate (Advocate)     29 June 2014

She has lodged a complaint against you attracting the offences under the provisions of 498A ? Have you confirmed through any source that whether the police, subsequent to failure of any  response from your end to their intimation to you to attend the inquiry, they have registered FIR or not?  You cannot decide about the genuineness of her complaint, it is the duty of the court provided the police are not satisfied with your reply during inquiry and are going ahead with submitting the case before the court.  Well now, though you have valid reason for not attending the police station for inquiry on the complaint,  you could have somehow tried to pass  the information to the IO of the police station, the Police may not believe your version at this belated stage or you may have to grease their palm to not proceed against arresting you. Under the circumstance, if you apprehend that the police, though have not initiated any step to arrest you so far, may do it soon, better apply for grant of anticipatory bail before the Sessions court and then call on the police station for inquiry/investigation session on the pending complaint.  I  think you are appearing as party in person before the court in other cases?, but better take the help of a lawyer and obtain AB for the present.

sagar jadhav (employee)     29 June 2014

my dear sir there is no warrant last time I checked

also someone told me getting ab is like admission to guilt

Sudhir Kumar, Advocate (Advocate)     29 June 2014

Mr Qureshi is a senior criminal matter l;awyer and having read the situation he advised

 

"Dear Querist file AB before session court and get AB after that fight the case on merit. Feel Free to cal"

 

in return to be humiliated by these words

 

"I am disappointed by lack of intellect of people replying here

 

Please read first then reply"

 

 The views of Mr qureshi are full of intellect (do not appear to be so as these are free). 

  • There is 498a complaint against you
  • it is in another town
  • you have been called telephonically
  • you could not attend due to accident.
  • due to loss of data alongwith mobile you could not call back
  • you have not convyed inwriting to police regarding accident in incapacity.

SO AS PER FACTS AVAILABLE TO THE POLICE YOU HAVE NOT COME AND SNAPPED CONTACT AS THEY ARE NO MORE ABLE TO TALK TO YOU ON MOBILE PHONE.

 

not there is need to read 498a

 

1[498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation

For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 3 years and fine‑Cognizable if information relating to the commission of the offence is given to an officer in charge of a police station by the person aggrieved by the offence or by any person related to her by blood, marriage or adoption or if there is no such relative, by any public serv­ant belonging to such class or category as may be notified by the State Government in this behalf—Non-bailable—Triable by Magis­trate of the first class—Non-compoundable.


It is cognizable and non-bailable.  That means no arrest warrant is needed before arrest and bail cannot be given by police.

 


 

Sudhir Kumar, Advocate (Advocate)     29 June 2014

YOU ARE ALREADY ADVISED ON

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103133&offset=1#.U7BBCkBvdG0

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103306&offset=1#.U7BA_kBvdG0

https://www.lawyersclubindia.com/forum/details.asp?mod_id=103580&offset=1#.U7BA90BvdG0

 

iF YOU FEEL YOU ARE BEING ADVISED WITHOUT INTELLECT THEN BETTER PAY A LAWYER AND GET ADVISED WELL.

sagar jadhav (employee)     30 June 2014

dear mr sudhir

I still fill stand corrected

 

I clearly mentioned I dont have warrent yet,how can I get AB as mentioned in advise?

 

not only here but face 2 face also many lawyers I seen not going for basic facts

sagar jadhav (employee)     30 June 2014

I actually gone to court and seen there is no arrest warrant for me

when asked to lawyer ,he said it must be complaint only for settlement issue

Sudhir Kumar, Advocate (Advocate)     30 June 2014

would you like to wait till police (without response from you) is fed up and formally Files FIR.

 

It is conizable offence. Arrest warrant is not needed in this case. Police can directly arrest.

Sudhir Kumar, Advocate (Advocate)     30 June 2014

The title of the thread is

 

" > Plz answer pinpointly"

 

This gives an impression that the experts on this forum are yo9ur subordinates giving explanation for some misconduct or they are on remand being compelled to answer the police.

 

sagar jadhav (employee)     30 June 2014

I am under impression people here give vague answer which proved right again and again

 

also I used polite language,plz use ur valuble energy in court arguments

T. Kalaiselvan, Advocate (Advocate)     30 June 2014

Mr. Jadhav, I don't know what experience you had with your lawyer or some other lawyer elsewhere.  In this forum, you know that nobody is paid to give their advise or opinion to the queries posted, it is a charity service done by experts and lawyers for the benefit of distressed and needy people at free of cost.  This service being done at the cost of sacrificing their valuable time by many, thus your rude language will certainly hurt resulting into the experts refraining to reply to any of your query not only now but also in the future.  You should also realize that while asking something to somebody you should maintain minimum courtesy.

To your questions, in my opinion, the experts have given you proper opinion.  This shows how much you understand the reply.  You can believe a policeman but cannot repose faith on the experts here who have advised you sincerely to your query on subject issue.  You can be confirmed of the FIR or arrest warrant only when you apply for AB, where, in their reply the police will confirm this and if there is no FIR pending against you, you may request the court to direct the police to not to arrest you in the case of a FIR being registered in the future on this issue.  This is what I too intended to make you understand, well, you will understand these things only when you have a paid consultancy with a local lawyer or face arrest in the event of you walking into the police station believing that since there is no arrest warrant pending,  they will not arrest you.   Once a FIR is registered the police can arrest you without holding further inquiry/investigation.  You may have to visit the criminal law once again to become aware of such dangers.

I endorse the views of Mr. Sudhir Kumar sir.

sagar jadhav (employee)     30 June 2014

dEAR KALAISELVAN SIR

 

Its very unexpected allegations on me which I am proving as false

1) I never belived in policeman and its never mentioned in thread

2) Even if service is charity that dont mean prople just give reply without reading

3) each time mr sudhir is bumping my old threads,while all are related have diffrent cases

 

second time asking when I was rude?

 

 

 

 

also my dilemma is there no warrant,I even gone to court for AB but they said without warrnt ab cant be given

 

 

 

 

now instead of arguing can I have constructive reply?


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