Urgent help!!! false 498a against whole family

Danny...... You are not the one with whom such kind of incidents happened. In our country, in evey court you can see more than 95% cases are with dowry harrashment and cruelty (498a), divorce, maintenance all related to married wife either alive or dead.

Once your family are facing such situation, you try to meet one senior lawyer and get bail from the court.  Before that if you are arrested by police, dont be depressed, nobody can keep the victims in judicial custody beyond 90 days of arrest. After release also you have the right to fight the case.  If it is false case, the opponent part can never submit evidence against your family. God is there, belief Him and dont take any wrong step.

Thanks

Thanks raj for reply...

I would like to add more details here. This incidence happened a year back. Till then no arrest and no summon from court to appear. One day unfortunately IO appeared at our place. Fortunately we were not at home. He left our place without interrogation and didnot even tried to meet anybody. He met our neighbours. After this incidence we came to know that there is such FIR against us. Now this is a dark hole...not sure what's going on...

I read somewhere in blog and forum that chargesheet should be filed within 90 days. I am assuming in our case this didnot happen as we didn't get summon from court or any arrest. I have few queries..

Q. If chargesheet is not submitted within 90 days then FIR is void? Is it true

Q. Should we go for regular bail or anticipatory bail?

Q. If we get AB, is there any time limitation to appear before court? Despite of chargesheet not yet filed and case is not in the court.

Dear experienced and knowledgeable members. Please answer my these simple questions..related to how legal system works. This will help me a lot.

Danny......

All Reply helped you to understand better.

Why don’t you lodge complaint under sec 306 of IPC, abetting your bhabhi to suicide? or 302, murdered by them ??  if you have any doubt, they may lodge the same against you.  You must file this IPC 306, /302 before they do so. The fact is that your bhabhi  lived happily with all of you for 8 years, and suddenly after visiting her sister committed suicide? Or someone killed her?

As you are nowhere around,  you can raise your doubt for  something that compelled her to suicide/ or is it murder??

Why all kept quite?? Any share of property of both sisters??

Attack is best way to protect. A option is open for you. Dig out, nobody kill w/o serious reason!!

Find out which sec in addition to 498a, , If only 498, u can easily get bail. no need for ABA. 

Think it over, the Choice is yours. 

Thanks alot for guidence and valuable info.

Find out which sec in addition to 498a, , If only 498, u can easily get bail. no need for ABA.
-- In addition to 498a there is 306. what is ABA? if i am not wrong it is Anticipatory bail application.

Q. Is there any option or provision to file an FIR by mail/post or by phone? bcos we dont want to get ourself in trouble going there.

Q. as they already logged 306 against us. So apart from 302, can we also file 306 against them? is there any other section that can be made here as this is a false complaint? please suggest.

Q. If we get AB then what is the maximum/minimum time limit generally given to appear? as one of us is out of country. if that person dosent appear then what would be the consequences? any provision for extension.

Thanks,

you have to come before the Hon'ble High court seeking quashing of first information report and stay of arrest

under Article 226 of the Constitution of India. thereafter cooperate investigation.

No FIR can not be lodged by mail or phone.

You can lodge 306 against them only. 302 has no scope as you were not there and proving it by corraboration is very difficult.

AB once granted is valid till completion of trial, the person who is out of country can come and join the investigations as and when directed. It is going to be ONCE or TWICE only. Then personal exemption application for him/ her can be moved.

Thanks for the comments

 FIR can not be lodged by mail or phone.

---  If this is the case then, we have to wait to file an FIR until trial. Or with bail in hand we can reach police station to log our FIR. Is it safe? Or could it be any other way to do it?

You can lodge 306 against them only. 302 has no scope as you were not there and proving it by corraboration is very difficult.

---- If not 302 then, Can we file defamation? As this is totally false case. Which is the convenient place to file defamation our local place or place of incidence?

AB once granted is valid till completion of trial, the person who is out of country can come and join the investigations as and when directed. It is going to be ONCE or TWICE only. Then personal exemption application for him/ her can be moved.

--- Once AB is granted then would this force IO to submit chargesheet within certain time?. Or both AB and chargesheet is saperate entity? if saperate then trial date can take any number Of month.

Thanks,

First seek bail. Don't spend your energies here and there.

We can see what counter action is possible only after being admitted on bail.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Thanks shoneeji...

Another Twist in the story...Police said they can settle case and ready to help. They directly mention it is only them who write every thing in diary as part of investigation. So here the question is 

How much trust?

Does going this way giving surety that we won't be in trouble in future?

How they can directly write there is no 498a/306 charges against us? I think some doc proof or oral statement required. Which is not yet done from our side.

As chargesheet is not filed yet, so can we ask IO to not to make us accused? How is the reality?

Guidance please. 

Dear Danny

send an application to SSP/Commissioner of Police regarding this matter through Registered post and wait some time after that file an application Under RTI & get information regarding this.

no need to worry it is comman in indian system.

as they already logged 306 against us. u r telling now after we suggest! u r hiding facts

There is nothing here to hide. what facts are hidden?? i am looking for some guidence with experts here who deals with judicuiary and police system on day-to-day basis. whatever issue we have i wrote in my posts.

I know majority of people in this forum might have face this type of situation directly or indirectly. So whaever i options we have presently i put in the forum and everybody knows how our system works.

i was just asking, would another option that we got today is right and trustful or should we go ahead for court hearings/trials?  which is time consuming to prove our innocence against baseless false and lies

Thanks and looking forward for guidence.

Police can not close the case of 306. They can well effect the compromise and then the case can be closed by the court only.

Take whatever is told to you with a pinch of salt.

Make efforts to get AB/ Bail, you would be in a better position to negotiate.

Thanks everyone for advise. Will post the forum with updates.

Regards,