Immediately file a new AB before High court. contest 498A case on merits .Supreme court of India has issued guidelines in 498A cases wherein accused cannot be arbitrarily arrested .Citing very low conviction rate in such cases, it directed the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters (check list) provided under Section 41 of criminal procedure code".
498a/406
I am residing in canada with my parents as permanent resident since feb 2014. i got married in india on 20 april 2016 . We stay togather for two months. I came back to canada after two months with my parents. Things were not good from the very first day. However i sponsered her in oct 2016. After that she started playing with me emotionally. I tried hard to keep the things smooth between us but she didnt listen may be she thought that now that i sponsered her no one can stop her entering in canada . I stop talking to her after 15 days after i sponosered her. After 6 months she and her family broke into our house and beaten up our caretakers cum tenant. They approached ssp of our district but they didnt listen to them. So they put a writ in punjab and haryana high court which is under process meanwhile the girl side also filed 498a and 406 against me and my parents. We applied for a AB in lower court. Court had granted the bail at very first hearing for six days and asked my parents to appear in court in six days but that was a very short notice and our lawyer asked for more days then the judge gave us six more days to come. My parents arrived in india two days before next hearing and they gave their statement to the IO but they didnt appear before judge . Judge gave two more days to parents to appear but my parents were unable to appear bcz they were tired of travelling and judge dismiss their bails . But we are innocent and we have every single document which we already submit to the court and police i dont know how can they file a false case while we are thousands of miles away from india. Even after knowing that they looted my parents property and threaten us not to come to india. Should we worried now? What should we do now? Can police arrest my parents after this If they arrest my parents how long its gonna take to get bail for them ?
Asked 6 years ago in Criminal Law
Religion: Sikh
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5 Answers
You can apply for bail again in the meanswhile. Also you can prefer a petition challenging the FIR in the High court.
In any view of the matter, the police can not arrest your parents directly in light of various judgements pronounce by the Apex Court.
Though there is nothing to worry bit once a chargesheet will be filed and trial will commence then that will become hectic for you, so I suggest you to prefer a petition in the high court.
Regards
1) your parents ought to have appeared in court when judge gave them time
2) your parents can apply in HC for AB
3) file police complaint of criminal trespass against your wife and your in laws under section 441 of IPC
4) you should also come down to India and apply for AB
5) with courts permission you can travel abroad
6) in 498A case there is no automatic arrest . police would issue notice to parents to record their statement
1. You may be honest and the complaint might be false but you shall have to prove your claim before the Court of law that is hearing your case.
2. It was a blunder for your parents for not appearing before the Judge even after the extended period of time.
3. Your parents should not obtain surrender bail by surrendering before the said court and plead that they could not appear before the judge due to their illness for which they are surrendering now and seeking bail.
4. Police can make arrest since 498A is a non bailable section of IPC and your parents will go completely in the clutches of the local police for not getting arrested. so, they should take surrendered bail on the same day of surrender before the Court.
5. Avoid arrest of your parents at all cost. Once they are arrested, they shall have to wait for the next date of hearing for moving their bail application which will be 14 days after one hearing.
Firstly the cases filed by the were not maintainable because the cause of action is reported to have taken place in Canada hence the Indian courts have no territorial jurisdiction in this.
The police instead of turning way her complaint, act at their behest for the graft received by them.
Even now, your parents can apply for anticipatory bail and then challenge the case in India but they have to remain in India for this purpose.
