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498a Discussion Forum - View topic - AB granted from High Court today :-)
It is currently Sat Jun 19, 2021 9:05 pm



Reply to topic  [ 15 posts ] 
AB granted from High Court today :-) 
Author Message

Joined: Mon Nov 24, 2008 5:10 pm
Posts: 36
Hi Friends,

All your best wishes came to the rescue and AB granted to my mother from High Court today. More details are awaited.

Feeling little bit relieved today.

Thanks & Best Regards,
AKS


Wed Nov 18, 2009 8:47 am
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
AKS,
Great day for you ;Your mother is now set free from this sections as the sting in all such cases is an Arrest only.
Next step bail for your family


Wed Nov 18, 2009 9:13 am
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Joined: Wed Nov 12, 2008 2:47 pm
Posts: 136
CONGRATS AKS ! ... Enjoy this victory ..... As Poppinder-ji rightly said, your mother is now all free....So, next step is to get bails for others.


Wed Nov 18, 2009 10:26 am
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Joined: Tue May 05, 2009 4:36 pm
Posts: 17
Congratulations AKS, Wish you the same success in obtaining bail for other family members ....


Wed Nov 18, 2009 10:32 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
:-)

Hi Friend,

I am relieved like you. This is a breakthrough. May God Bless you in your fight against injustice and unscruplous people.

However, I would remain short of congratulating you, unless you state that AB does not have some weird pre-conditions.

Regards,

Shonee Kapoor


Wed Nov 18, 2009 10:42 am
Profile YIM

Joined: Mon Nov 17, 2008 4:26 pm
Posts: 54
Hi AKS,

Keep my previous advise in your mind, be soft spoken and kind towards your wife, 100% u will get AB.
Again thanks to God that Your mother got AB.
Dr. Amrish


Wed Nov 18, 2009 1:00 pm
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Joined: Thu Mar 12, 2009 5:19 pm
Posts: 631
The higher judiciary knows that this law is being misused rampantly.
In fact USAID research said that if a sessions court convicts a person on 498A, the Supreme Court shall look into the merits of the SLP. If a trial court convicts a person on 498A, the supreme court by default shall accept an SLP.
That itself is explainable of the higher judiciary's perception.


Wed Nov 18, 2009 2:41 pm
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Joined: Fri Jun 05, 2009 7:47 pm
Posts: 540
:-)
The first and foremost success in this fight. This will be the first setback to her. Good luck going forward. Let you be relax for a day or two. Take a out with friends.


Thu Nov 19, 2009 12:56 am
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053


Thu Nov 19, 2009 6:38 am
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Joined: Mon Nov 24, 2008 5:10 pm
Posts: 36
Hi Friends,

Its a long time since I updated my post and the reason is that there was not much progress in my case. As you know, in 498a/406 FIR apart from me the names of my Father, Mother, Brother and sister are included. We applied for the AB in sessions court earlier for my Father & Mother but it was rejected because of the non recovery of stridhan. After that we got the AB for my mother from High Court and only the recovery of car was done as the huge jewellery mentioned in FIR has no existence and whatever was there it is already with my wife.

After that my in-laws tried their very best for the arrest of my Father and siblings but not successful as the IO (Investigation Officer) was of the opinion that there was no case on them. Meanwhile my parents and siblings are staying with relatives and still their where abouts are not known to my in laws. So they keep on presurizing IO by sending letters/visiting minsters, higher police officials and at last because of that the IO got changed.

This was a setback to us and we are now forced to change our strategy. The updates are:
1) AB taken today for my father from High Court.
2) There is a warrant against me under CrPC 299. I don't know its impact yet but they are talking about interpol etc. & pressurizing my Indian Employer by writing mails to bring me back to India.
3) Staying away from home for the last four months were really tough for my parents. There health is also not good. But still after getting AB for both of them we really fear that if they return home, my wife can forcefully come into their house for staying and creating more trouble.

Let see how the things go on from here. The previous IO once told the lower court that no case can be built on my siblings but let see the reaction from new IO. I will keep you updated about the progress.

Best Regards,
AKS


Thu Feb 04, 2010 1:46 pm
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Joined: Thu Oct 15, 2009 5:26 pm
Posts: 419
Dear
well done. Start looking at the ab conditions and its consequence on you and your profession. Consider to discharge the conditions by applying further petition or just look at quashing the whole matter.


Thu Feb 04, 2010 2:14 pm
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Joined: Fri Jan 22, 2010 8:44 am
Posts: 83
>>my wife can forcefully come into their house for staying and creating more trouble.
That's not possible. That's whats happened in my scenario. Bunch of 20 rowdies & their family came along & pushing this bitch into my house. My parents were brave to push back them & walked out of house to avoid that bitch from entering & staying & we filed a complain in police station stating that she is trying to force in. The SI(sub inspector) said, its not possible for the bitch to stay in the absence of the husband or permission as she has not rights to the parents(in-laws) property.

So in case if u feel that will happen ask ur sibling or someone to video record the incident, so u form one proof.

Try to find some local influence. Hope u might have a distant relative or friend who can have an edge on the police. As it looks police are reasonable in ur scenario. But naturally they have to react under pressure. Look for SP(Superintendent of Police). They are the one who file the charge-sheet based on the investigation officer.

Apart from that my prayer for you.


Thu Feb 04, 2010 6:31 pm
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Joined: Tue Apr 21, 2009 5:46 pm
Posts: 336
Location: UK
Aks,

She will not return home and create the problem. After the AB, just file the DP3 case against your FIL and the TEP Case. Include the foreign currency transactions which your FIL took. This would be the blow to them. Let the chargesheet get filed and then apply for quashing along with stay on proceedings in lower court. Let the time of 6-8 months pass. Quashing should be based on the eviences that you have given. The case may be partly quashed. Frustate them initially in their case, and proceed with your cases (DP3 / TEP). Backfire the evidence of the dowry on them.

_________________
Regards,
Hardik Mehta
hardikm007@gmail.com


Thu Feb 04, 2010 11:08 pm
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Joined: Wed Mar 26, 2008 9:03 am
Posts: 3053
AKS,
If the house does not belong to you, your wife cannot enter it and the evidence already suggest that she was staying in Germany with you so that kind of incident is hard to come by.
Any fear shown is against you ;I think file the petitions hardik has suggested along with a writ under Senior citizen Act asking for protection from state under Section 21 Chapter V and they should stay in their home comfortably .


Fri Feb 05, 2010 6:25 am
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Joined: Mon Jun 08, 2009 10:10 am
Posts: 62
Hardik,

Please let me knwo what is DP3 and procedure to apply.


Fri Feb 05, 2010 7:04 am
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