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hyderabad babu (none)     03 September 2012

Preparation to come to india

 

Hi, 

My wife filed multiple cases against me and my family under IPC 313/498a/406/420/3/4. Chargesheet is not filed. Is a LOC issued at the time of filing FIR or is it done after the chargesheet is filed? I have not received a RCN yet, but If I enter India now, will I be detailed by immigration and sent to the place where complaint is filed or willI be allowed to go to my home and then surrender my passport to the police station under which the complaint has been filed (provided I have AB). 

I am being informed that anticipatory bail may not be granted to due to the above cases as I am listed as A1 and will be kept in remand throughout the trial period. Will I be able to get AB before I come to India? 

Please advise. 



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 September 2012

It is not true that AB wont be granted,   You can try for AB from your home dist.,  Now a days 498A is commericial offence and commericial weapon to the woman to harash the husband.  Before arriving to India apply for the AB 

hyderabad babu (none)     03 September 2012

Sir

I was informed AB cannot be given till the chargesheet is filed, is this true? Also I was informed if AB is granted my wifes family may ask me to come to India before any chargesheet is filed. 

Both the above statements are contradicting eachother, but this is the information that I received. 

Anish Thakur 7018812737 (advocate)     03 September 2012

dear querist ,

now a days matrimonial disputes are normal litigations and use of 498a is common. there is no such ground for dening your AB only for you are accused no.1 ,your wife"s family have no right to ask you to come india or anywhere even after the chargesheet is filed,where ever the seizer of passport is concerned police and court can impound any document under 102 and 104 crpc but in SURESH NANDA VRS CBI AIR 2008,1414. supreme court had clarify that court and police can not impound passport for more then 4 weeks and any use or seizer of paasport will be done through passport authority act 1976. for more detailed study in 498 a visit website www.498a.org.

MADURAI LAWYER (LEGAL CONSULTANT)     03 September 2012

Dear Sir,

You may be granted anticipatory bail while you are still out of India. However, if the same is granted subject to cerain conditions, then the such conditions cannot be complied with unless you come down to India.  If there is a ground for quashing of F.I.R. You can move such an application under S.482 of Criminal Procedure Code before the jurisdictional High Court.  However, one cannot predict as to whether your application for quashing of F.I.R. will be allowed or dismissed without perusal of F.I.R. and other relevant documents. For further clarification, you can contact me on 9842197857.

 

https://jeevaganadvocate.com/contact.php

JANAK RAJ VATSA (ADVOCATE)     03 September 2012

you can apply and get the AB without being present in india. also if you feel that the  complaints filed against you are malafide, lack substance and are not justified, you can petition for a quash in the high court u/s 482 cr.pc

dr g balakrishnan (advocate/counsel supreme court)     05 September 2012

you can get AB, as there is athreat of FIR. tell your wife's family to send you a copy of FIR filed with police station stamp or cerification. if they cannot provide it may mean it is just a threat. so why you shd inform when and where you are arriving. secondly if FIR is filed the crimial court may issue extradition warrant to a court of the country you stay if that countryhas proper diplomaticrelations. so i presume it is a threat as some of the family member or friend of your wife's family may have some LL.B student that person may have helped these kinds of statement.,against you. if sec 498a of IPC is there means in the FIR how there is contact between both of you please. it does not sound to reasoning, at all.

Check things properly before you move any thing like AB and the like.

itis like an IT lawyer saying that CIT(A) HAS asked you to keep 50% of ITO penalty u/s 371c, to further your proceeding in fact CAT(A) cannot take such money. so you will be duped by your own IT lawyer asking you to give a chq on his name for giving the money to CIT(A), IN  fact the advocate or CA is playing truant just to make fast money. so here your wife's parents or smebody is playing with you, when your wife is keeping coimmunication with you friend! 

tks

Adv Dr.G.Balakrishnan. Advocate (OS) Bombay high court

hyderabad babu (none)     05 September 2012

My parents were in judicial remand for almost 2 weeks and then they got the bail. I did not understand your "IT company " way of explaining things. My wifes ambition is to destroy my career and my family and walk away with my daughter and money. 

dr g balakrishnan (advocate/counsel supreme court)     06 September 2012

IT IS AN INCOME TAX. CIT(A) = COMMISSIONER OF INCOME TAX (APPEALS) JUST AN EXAMPLE.

YES YOU CAN MOVE 'AB' NOW YOUR DETAILS HELP ME TO CLEARLY UNDERSTAND YOUR CASE. BUT YET I AM NOT CLEAR WHAT IS THE REAL CASE YOUR WIFE'S PARENTS MADE IN F I R, PLS TRANSMIT COPY OF F I R FRIEND, WITHOUT READING THE FACTS OF THE CASE SIMPLE SECTION IS JUST MEANINGLESS.LAW IS FOR UNIVERSAL APPLICATION BUT IT HAS TO WORK ON THE FACTS THAT WAY APPLICATION OF LAWS ON FACTS COMES INTO BEING.

INCIDENTALLY YOU SEEM TO BE AT HYD THEN IMMEDIATELY MOVE AB FOR YOU STATING IF YOU ARE ARRESTED YOU CANNOT  CORRECTLY FIGHT YOUR MATTER. THE COURT MAY RELENT. SO MOVE AP HIGH COURT FROM WHEREVER YOU ARE, AS YOUR PARENTS CASE IS BEING HANDLED BY SOME ADVOCATE  AND SAME MAN CAN IMMEDIATELY MOVE THE MATTER FOR RELIEF BY WAY OF 'AB'. TKS. ADV DR G BALAKRISHNAN


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