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...
Asked 3 years ago in Criminal Law from Kadapa, Andhra Pradesh
1. You have been denied bail by the lower court. Now you can move to the higher court to seek bail. Unless bail is secured the sword of damocles will continue to hang over your head. Once the bail is obtained the SI cannot lay his hands on you.
2. Concentrate on bail and only bail at this juncture.
1. taking law on to ones hand is an offence,
2. Your mother has commited a crime by physically beating that lady,
3. Your mother should have filed a complaint of adultery against your father for which he would have been arrested,
4. All of you are now paying for the illegal reaction of your mother on other lady for the crime of your father,
5. Some how or other take AB for your mother then contest the case properly.
give details about sections of IPC under which you have been arrested. police has no plain right to arrest any person in relation to offence punishable with less than 7 years. a woman can't be arrest between dusk and down without written order of the judicial magistrate and a lady police officer must be present at the time of arrest. if police did so then you should file complaint before district judge, and state woman commission.
arrested person has no right to claim anticipatory bail. you should apply for fresh bail. bail may be granted.
As I stated earlier since the police is asking you to pay file a bribing case against the one wok is asking to pay.
read your another post.I replied the queries there in detail
Advocate, New Delhi