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498aindian (other)     29 June 2014

What to do when nbw been issued in false 498a?

Dear ld. Lawyers n experts,

Plz enlighten me on the following issue:

A1 and A2 been accused in the false 498a of dowry harassment case. There is no iota of evidence against both of them. But, then also the sdjm has taken cognizance of the case u/s 498a and dpa u/s 3.

A2 got Ab from session court whereas A1 had applied Ab before HC.

Due to summer vaccation in the previous month the benches were not regular hence the listing of daily cause list had gone above 1500. Meanwhile, the lower court had issued NBW against A1.

Now, the scenario is that what to do in this absurd condition.

How to get stay on NBW?

How to win this false 498a?

Due to this false trap game A1 is on the verge of loosing his job and reputation. His family been traumatized and he cant concentrate on the betterment of his career.

The scene is that A1 is not ready to live with her anymore due to continuos harassment by inlaws and his wife.

No conjugal life would establish between them but then also she is not ready for mcd.

In this vernacular situation what to do to avoid arrest?

Plz guide and show the right path.

Thanking you in anticipation.

 



Learning

 6 Replies

498aindian (other)     29 June 2014

Can any fighter share his own experience on stay of arrest. I shall be very thankful to him.

498aindian (other)     29 June 2014

Come on experts share your views):

498aindian (other)     30 June 2014

Great. Nobody is here to give answer.

SSP (XYZ)     30 June 2014

Helo,

First of all stop worrying. Though NBW issued, he can still continue his absconding status quo.

Let the AB  comes for hearing before High court.  Appoint a good advocate and hopefully he will success to get AB for A1.

I am not saying to go for arrest but don't worry about the arrest. Even in the worst scenario if the arrest also he can get bail with in 2 days in 498a cases.

Now a days all judges are aware about 498a are mostly false cases.

1 Like

498aindian (other)     30 June 2014

Thanks ssp, iam worrying due to the following reasons:

The magistrate had issued nbw without intimiting or without sending bailable warrant at first instance. He directly jump to issue nbw after summon on mere complaint case.

A1 is ready to provide maintenance according to his earning but at anycost he is not ready to live with her. The session court had rejected his plea and his AB as well. How could this possible? Is this not against fundamental rights? Why should he forcefully live with her wife when wife use to mentally harras him and his family. Wife and in laws are behind property and huge money.

What to do now? How to avoid arrest ?

Now, when AB before Hc is far behind hearing due to huge waiting list, then during this time the lower court will issue proclamation order due his biasness same as the magistrate had issued nbw without taking consideration that the accused had filled AB before HC.

Plz help me out.

498aindian (other)     02 July 2014

I think lawyers and experts gone to sleep mode thats why they are not answering this serious query. Do any helpful lawyer on this site who could help me out?


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