• Regarding false dowry case

My friend Mr. Devendra Singh Rana, who hails from Dholpur, also written on this site on 7th May'15 to know about the process of mutual divorce and the apprenshion he had regarding false DV case frm his wife. Now he visited his home town on 18th July'15 to talk to girl and his family the girl came in the morning of 19th july to his place and close herself in a room and search his bag then she talked to her for an hours, later on his family came in the evening on the said day for talk where my friend said he doesnot want to live with gal and seeking mutual divorce. The girl chacha threaten him and next day they register application in mahila thana against him and his mother under 498 a and 406 ipc.
 We had following questions

a) SHO is not giving the copy of FIR to my friend after repetitive reuqest. what to do, he also threaten him while counselling session, made him to do dandbaithak 50 times in front of the girl
b) girl and her family claimed that they were demanded 5 lac rupees and swift car by the boy, however their was no such demand, marriage happen on 14th feb'14 and after 22nd feb'14 boy was not staying wid girl, in october'14 he left for out of india for his job. he and his family never demanded any thing, just to save marriage by pressure they are putting wrong allegations. whats the way out

3) my friend has emails from girl and phone reocrdings of her and her chacha stating that boy never tortured her or never demanded any thing, but police doesnt saw ny of the evidences, will court also not see his evidences.

4) can he get a bail under this case where he was charged under 498 a and 406 IPC, if yes then in how many days and what grounds
5) can he fly back to his job after bail.
tx
Asked 1 year ago in Family Law from nandini sharma, Rajasthan
Religion: Hindu
Dear Querist
There is two option to get the copy of FIR
1. file an application under Right to Information Act and get the same within 30 days.
2. Contact a lawyer in the court in which the matter is pending then the lawyer is able to get the copy of FIR from the court.

3. The court will consider all the things at the time of evidence/proceedings/at the time of bail applications if any.

4. Yes, he may get the anticipatory bail from session court or high court u/s 438 of Cr.P.C.
5. Yes, he can fly back to his job after bail.

feel free to call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
1) lodge complaint against SHO with the commissioner of police . your friend is entitled to copy of FIR filed 

2) boy should deny all allegations made by the girl in his statement to the police 

3)court will consider all these evidence in possession of boy 

4) boy can obtain anticipatory bail from court 

5) boy can fly back with court permission 
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
5.0 on 5.0
1. Your friend should move the High Court to get pre-arrest bail for himself and his mother. Unless the bail is granted he and his family will be at the mercy of police.

2. He can obtain the copy of FIR through RTI but this is likely to around a month. So it is not advisable to do this,

3. The court will scrutinize the evidences of both the sides and give a fair opportunity to him to prove his innocence.

4. Bail is the discretion of the court. It can be granted on the very first hearing.

5. He will be at liberty to join his job after bail is granted.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Getting of coy of FIR is possible from court itself by applying for certified copy. No nee to request to request SHO as he is not obliged to give you the copy.
2.Such allegations are stereotype and even court also knows this fact. If FIR is registered then bail should be applied for.
3. Yes, court will see these evidences/
4.Yes, ask him to apply for anticipatory bail. He will get it.
5. Yes unless the court imposes any restrictions.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
a) SHO is not giving the copy of FIR to my friend after repetitive reuqest. what to do, he also threaten him while counselling session, made him to do dandbaithak 50 times in front of the girl
SHO is not supposed to give a copy of FIR to the accused, he can obtain it through RTI or from the court at the time of filing charge sheet and initial questioning by the court.  The dandh baithak before the girl is an act violating the human rights, the accused can very well file a complaint with the State Commission for human rgts against the erring SHO.

b) girl and her family claimed that they were demanded 5 lac rupees and swift car by the boy, however their was no such demand, marriage happen on 14th feb'14 and after 22nd feb'14 boy was not staying wid girl, in october'14 he left for out of india for his job. he and his family never demanded any thing, just to save marriage by pressure they are putting wrong allegations. whats the way out
You have to challenge them only during trial of the case in the court, police will turn a deaf ear to such issues. 


3) my friend has emails from girl and phone reocrdings of her and her chacha stating that boy never tortured her or never demanded any thing, but police doesnt saw ny of the evidences, will court also not see his evidences.
Sometimes if the said evidences produced before court in the  original form ,it may consider them to be corroborative evidence. 


4) can he get a bail under this case where he was charged under 498 a and 406 IPC, if yes then in how many days and what grounds

Yes he can get anticipatory bail too, if applied 


5) can he fly back to his job after bail.
Where?, he cannot go to abroad after obtaining bail, he has to take permission of court to do so.
T Kalaiselvan
Advocate, Vellore
14008 Answers
127 Consultations
5.0 on 5.0
1. Please note that  he will not be arrested for the said complaint lodged against him u/s498A of IPC as per the Supreme Court order directing the police to to make any arrest without conducting an investigation,

2. If there is a FIR filed against you then you can get copy of it from the Court and take Anticipatory Bail,

3. There is no need to take AB if no FIR has been filed by the police and only General Diary has been lodged,

4. You shall have to just find out whether an FIR has been lodged against you or not and its number,

5. If FIR has been filed, take AB and contest the case with all your collected evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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