1)an applicant against whom a criminal case is pending, is required to obtain necessary permission from the Criminal Court wherein his case is pending and then make an application to the passport authority.

2)you and your wife would get PCC but it would reflect pending case filed against you

3)you both should come down to India have your statement recorded . mention you never met her or messaged or called her after her marriage to your brother in law

4) apply for and obtain AB from sessions court . your personal presence is necessary to apply for AB

5) most probably your and wife name would be dropped from charge sheet

1)if your names are dropped there would be no cases against you

2)for applying for AB generally courts insist on personal presence of accused

3) mere POA would not suffice

4)police would issue you notice under section 41 A of cr pc to record your statement

5) in your statement produce your passport to show that you were not in india when alleged dowry harssment took place

6) you and your wife can file for quashing in HC in case your names are mentioned in charge sheet

7) you must cooperate with investigations to prove your innocence

If you have strict evidence then on oath he has lied. You must wait for chargesheet obtain it and file quashing of 498a and for filing false cases he will be punished.

1. Yes but Police hardly drop a name while submitting a charge sheet

2.The notarised POA done in Australia has no force unless it is duly adjudicated in India.Moreover in criminal cases of this nature POA holder cannot represent the accused persons.

3.There is absolutely no need to share passport details with Police.There is a option of quashing .So if the Police submits chargesheet you can challenge the case through quashing on the plea of ali bi.

4. Once you get anticipatory bail which I assure to obtain for you for sure there is nothing left in the case. If the quashing is allowed then you can file counter case.

5.There would be no adverse impact on your passport renewal nor you wild require PCC to travel again to Australia.

1. IN these circumstances the first thing you do is apply for anticipatory bail.

2. There is a provision in the law which provides for impounding/cancellation of the passport if a criminal case is pending against the applicant. The police verification report will be negative, but the RPO may still in his discretion renew the passport. Apply for and obtain AB before applying for renewal of passport.

3. Furthermore, as you have been arrayed as an accused despite not staying with the complainant you may file a petition in the High Court for the quashing of the FIR and seek a stay on all coercive proceedings.

4. Do not wait till the filing of the charge sheet as many of the remedies which you can avail now will not be available then.

Before charge sheet apply for AB so no warrant of arrest or LOC is issued.

After AB go for quashing.

1)?you have understood course of action to be followed

2) apply for AB

3) have your statement recorded

4) you can mention that you were working abroad never visited complainant after marriage

5) if name is not dropped in charge sheet apply for quashing in HC

Hello sir , as per now the first thing to do is to try and get your name removed from the FIR , as police has a power to remove the name during investigation ..your brother in law , being there can do the needful on your behalf .. If the police is admant and refuse to get you and your wife out from the FIR , it is advisable to file for quashing of FIR in high court .. Secondly apply anticipatory bail only after , you are sufficiently convinced that police officer will not exclude you from the FIR .. If required , you can oblige the investigation officer ..

The Supreme Court of India has recently expressed its concern with regard to false implication of husband and his relatives in the cases under section 498-A of the Indian Penal Code by disgruntled wives. The Court has also came down strongly at the tendency of falsely implicating even those relatives of husband, who were living separately and in different cities.

I will suggest you to challenge this FIR straightway in the High Court(of the concerned State) in case the allegations in the FIR are completely false and concocted; and if there are no specific and credible allegations against the you and your wife with necessary particulars. The Court might just quash this FIR against you and your wife, specially in view of the fact that you did not even stayed with your BIL's wife for one single day.

Depending upon the outcome of the above legal proceedings, you may shape your future course of action.

1. If FIR has been registered by Police against the accused including you and your family members, then all the accused shall have to apply for and avail Anticipatory Bail first since sec.498A of IPC is a non bailable section. Thereafter file an application before the High Court u/s482 of Cr.P.C. praying for quashing the FIR or the charges leveled against you in the said FIR for the grounds already detailed by you. Before filing the quash petition, you shall have to ensure that the police submits charge sheet before the Court in connection with the said case.There may be problem in getting the passport renewed if any criminal case is pending against the applicant. However, you have some time to act and get your name deleted from the charge sheet or get the charge against you quashed..

2. There certainly will be problem in all of your getting VISA since a criminal case is pending against you in India.

3. First of all apply for AB by getting the application sent to you by your lawyer in India and then get all of your signatures appended on the application notarised by the appropriate officer of the Indian Consulate in Australia for sending back to your Advocate in India for filing the same.

4. It is needless to apprise that your name has been added to harass you. So, act calmly and judiciously. First apply for and avail AB. Then arrange to get the charge sheet filed by the police through your relativves in India or through your lawyer in India. It may be that, the charge sheet will delete your name and in that case you shall require no further step to be taken as the Court will officially direct the police to delete your name from the FIR. If not, then you shall have to file the quash petition as explained above.

5. The purpose of the said complaint u/s498A adding your name was to scare and harass you and also to settle score with her husband which she has achieved reasonably well.

6. When the FIR is quashed or your names are deleted, then you can lodge a police complaint against her u/s211 of IPC for lodging false complaint against you for causing damage to you illegally.

Hello,

I will andwer your question and follow up questions collectively.

Please take note of the fact that if the charge sheet has not been filed by the police till date then you have the option of filing a petition for quashing the FIR in the HC on the ground that your are remotely related to the crime as specified in the FIR.

The SC has held that in a Matrimonial dispute entire family can not be roped on, I am hopeful that FIR will be quashed with respect to you and those who have not lived together

Also if the charge sheet has been filed then also you can challenge the charge sheet under sec 482. I do not think from the facts told by you that the charge sheet has been filed therefore you are advised to file a case for FIR quashing in light of the Apex Court judgment.

The case can be filed in the HC through a POA

1. Yes, if your names are dropped from the case, then there will remain no case against you.

2. You shall have to apply for and avail AB first which can not be applied by the POA holder of the accused. You shall have to append your signature on the AB petition and get your signature notarised by the appropriate officer of the Indian Consulate at Australia for sending to your lawyer in India as suggested in my earlier post. The quash petition before the High Court can be filed through your POA holder. It will be prudent on your part to first avail the AB since otherwise you will be shown as absconding for a considerable period of time till the FIR or your name in the FIR is quashed/deleted by the order passed by the High Court since it will be heard by the high court only after receiving the copy of the charge sheet filing of which is dependent on the police.

3.You should first arrange to collect copy of the FIR from your relatives in Kolkata and then send an email to the local pice station in Kolkata under copy to the concerned DC attaching scanned copy of your passport informing that you were never at the spot of the incidence and has been falsely accused by the lady for harassing you. This will act as a very important evidence/document for you while filing quash and other petitions in this regard later on.

4. Your knowing that you have not done anything wrong is not enough in the given circumstances. What is important for you is to prove before the Court that you were never involved in to the matter as has been falsely accused. It is needless to say that you should stay calm and act judiciously to come out of the problem taking appropriate legal recourse.

1.Step 1: Apply for and avail AB first before taking any further step.

2. Step 2: Ask your BIL to visit the police station for arranging to file charge sheet by the police and try to manage to mention therein that you were not involved in the matter.

3. Step 3: After filing of the said charge sheet, the Court will delete your names from the case which will make you free from any further problem in this regard.

4. Step 4: If you do not get a favourable mention in the charge sheet, then get a copy ofmit and execute a POA in favour of your relative to file a quash petition u/s482 of Cr.P.C. before the High court and get the FIR registered in your names quashed/deleted.

5.Your only remedy before charge sheet is filed is to avail AB.

6. You should not take the police of their assurances for granted and stop taking defensive steps keeping in mind that your opposite side also shall negotiate hard with the I.O. of police to ensure that you are harassed and put behind the bars for a period enough to devastate you mentally.

You may have to mention the details of the criminal cases pending against you and your wife in the renewal form and also in the Visa application.

The application form for PCC also to be filled up accordingly.

If you are in Australia and have not received any notice or summons from court then you need not be worried about the pending complaint.

You don't even try to obtain AB which may go against you.

The problem in AB is, you have to surrender before court to execute AB, the court may impose conditions to deposit your passport and not to leave the country till disposal of the case.

Even applying for quash at this stage may not get desired result.

In my opinion you may remain silent at Australia without taking any action on this.