• Our tenant a muslim having iIlegal relationship with my father

Hi sir/ madam, 
We have found that my father has been maintaining an illegal relationship with a muslim woman who was our tenant with no husband and 3 kids and she told us that her husband was working saudi and we later found that her husband left her because of her bad behaviour and she is running a beauty parlour also... My mother was angry and she beated her... So she went to the police station begging us not to give Any complaint on her... She wrote a complaint that we 4 me married to an engineer in saudi my mother an ex councillor and my brother mbbs in phillipines and my younger sister is doing mba in chennai after her b.e... Has beaten her with a rod and abused her with fifthy language and all the case was thrown on my brother who was just watching by aside and dint even touch her or beat her in any way... And the next day police came and enquired about my brother and spoke to us very rudely and went off the same day they filed the fir and after that my mother committed suicide and was hospitalised for a week in this gap they arrested me and my sister early morning 5oclk ... And they took us to court evening 5.30 and we dint get bail so they kept us in jail for 2 days after that the si was pressured to arrest my mother but we discharged her and took her to some far away place trying for antisepatory bail and my brother is also with us now... It has been 1 month exactly and they bail was rejected once... And the lawyer has been saying us he will try again till date he took 22000 only for the antisepatory bail... And we have cornered by my father my relatives and everyone and the si has been pressuring us like anything blackmailing that he will do away my brothers life since that muslim lady has so many illegal relationships with so many the si has not caring to ask her anything about that... We are really helpless and feeling like dying...Do i need to apply bail for my brother also... He was not involved in this crime but his name was taken for granted... Si was very much intrested to take this case personally since he is also a muslim... And says he has pressure from the ladys relatives one of her brother is working in a fire department and he was the batch mate of the si thats the reason why he has put the blame all over us... I have thecall recording but only side my fathervoice and i have thecall data how many times they have been spoking each other... She never agreed that for what my father fightedwith her... She said that she wanted passport to go to hajj and because of this they have been speaking and we misunderstood that... And the Si is supporting an Illegal lady who have relationships with so many men not only myfather.
Asked 1 year ago in Criminal Law from Kadapa, Andhra Pradesh
Religion: Hindu
1. The harassment will continue unless and until bail is granted. The moment it is granted the police will no longer be able to lay its hands on you. So at this stage the only suggestion is to lay emphasis on securing bail.

2. If bail is refused by the lower court then you can move to the higher court. Exhaust all the legal options available to get bail. 

3. The complaint has already been given by this lady in pursuance of which the process has been set in motion. You have the right to avail bail to evade your arrest. Nobody can put you in jail if you have secured bail.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Hi
1. if your family has been falsely accused of whatever charges  made out  you have an option of filing a quash petition to quash the FIR in the High court.

2.If you think evidences are against your family at present , the accused have to face the trial and  fight the matter in the court.
3. what are the sections charged in the F.I.R.?  depending in that you need  to take legal help.
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
The sections could be any. The only way you can be secure is by obtaining bail.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
1. Your mother has committed an offence as per IPC,

2. She can not take law unto her hand,

3. Take Anticipatory Bail for all accused including your brother,

4. On what ground the bail was rejected?

5. Ensure that the public prosecutor is negotiated before the AB petition is moved so that he does not object to the said AB.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. You are not understanding the thing that as per law, your mother can not beat the other lady even if she has committed a crime,

2. In fact it is your father who has committed a crime of adultery punishable as per law against whom your mother should have filed a police complaint,

3. Some how or other get the AB first and then deny that your mother had beaten her,

4. If she admits that she had beaten her for having relationship with your father, then she will be convicted.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
1. Two sections are non-bailable for which you shall have to apply for AB from the Court,

2. If you fail to get AB before the loawer Court, move before the Higher Court for the said AB.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
What is your father doing ask this while when you and your mother is running hay wire? The father has committed adultery and you are paying the price. It is advisable to file a complaint against the Muslim girl to superintendent of police if the sub inspector is biased. File a corruption case against the police officer.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
Dear Querist
The arresting was illegal without issue any Notice u/s 41A of Cr.P.C or without recording the reason of arresting as per recent Supreme Court Judgement.

Now forget the past and immediately file an anticipatory bail before the Session Court or High Court u/s 438 of Cr.P.C. through counsel and the personal presence is not required for this only sign the vakalatnama.

the bail will be grant all the sections except 324 of ipc are bailable offence and the court will grant the AB easily.

You may challenge the arresting before the court and file a contempt of court petition before Supreme Court if the SI arrest you without follow the procedure as order by the Apex Court.

You can contact over the phone after pay the consultation amount for further detail advise.  
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0

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