• Politician jack in 498a. Are they above law?

I am an NRI. My wife and their parents who are completely fraudster and cheater. Their relatives are standing behind me and they very well know their daughter is wrong and I am an innocent.

She has filed 498a on me and my father. After complaint, police called my father for attending mediation, my father appeared in front of police, police asked few questions, wrote the statement of my father and got it signed from my father that he will be called next time to attend mediation. Thereafter 20 days, police didnt called my father and straightway lodged FIR, because my wife side must have pleaded some local politician, who is MP of loksabha. So under his influence police lodged FIR, and i very well know my wife parents they must have exaggerated situation in front of politician and tried to gain sympathy.

My FIL is bribing police officers and they wrote in FIR that my father didnt came for interrogation and didnt attend mediation, police is just trying to save themselves by giving statement in court that my father never appeared in front of police.

My father AB was rejected from session court saying reason he is not cooperating with police and not attended mediation, which is utterly false the fact is we never got chance to attend mediation. My father has strong case of granting bail because my wife stayed with him for only 10 days, session judge says police have written in case diary, that they will serve 41a notice no need to arrest. My wife has levelled 498a, 406, 34, 294, 354a (on my father, just to trap him), DP 3/4. My wife stayed with me We met officials they said they have statement of my father, they didn't produced in court. The fear of politician and being bribed by my FIL is the main reason. Police is completely doing foul play in this matter.

I know that politician must be aware of story of only one side, they do not know the other side. But are these politicians above law that they can influence session judges.

We will apply bail for my father in high court what are the chaynces there?? Is high court fair enough to consider all docs we are submitting to defend my father, my father also has a police complaint copy which he did 2 months back before FIR that he received threat to kill him or filing false 498a on him from my in laws. 

Basically I haven't done nothing and we are completely innocent, after marraige i came to know that I have been trapped in this marraige just for money, and its clearly reflected because my in laws want to extort 2.5 crores from my family to dispose of cases plus my FIL is under huge money debts from bank loans, he has even cheated his own cousin brother for property worth Rs 1 crore. This is a pure extorn case plus politician and police foul play, do indian judiciary do even give justice to innocents? In FIR, there is no henious crime, nor any serious IPC, there is not a single statement in FIR that any domestic violence was done, absolutely nothing
Asked 21 days ago in Family Law
Religion: Hindu

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20 Answers

An anticipatory bail application must be filed in the high court. Yes the high court will grant bail to your father. There is no reason to deny bail when the matter springs from a matrimonial dispute.

All these facts which you have stated here should be made part of the anticipatory bail application.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

They can't if you have enough evidence. Court gives judgement on pure evidence

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

Well, you should file an anticipatory bail application immediately. Courts cannot be influenced. They will dispense justice.

Rahul Mishra
Advocate, Lucknow
13117 Answers
46 Consultations

5.0 on 5.0

Your father should get anticipatory bail from HC 

 

also rely upon earlier complaint filed by father 

 

Take the plea that father had appeared before police for mediation and under political influence FIR filed 

Ajay Sethi
Advocate, Mumbai
84383 Answers
5530 Consultations

5.0 on 5.0

Your father should get bail from HC 

Ajay Sethi
Advocate, Mumbai
84383 Answers
5530 Consultations

5.0 on 5.0

Dear Client, 

As per your follow up question, the politicians are not above the law. Also, the appellate level judges can not be influenced by politicians. The judges for an appeal will not be known until the case is submitted and they can not be controlled like the local police. 

Thank you. 

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

1. All the Courts including the High Courts are ordinarily fare while delivering justice. 

 

2. You shall have to submit evidence to counter the accusation against your father. As pa practice, your father should have sent the police a letter by speed post recording that he had attended the investigation on such and such date and is agreeable to further attend it on receipt of the notice from the police.

 

3. Had he produced such evidence of his co-operating with the police, he would have probably got the bail.

 

4. Engage a local lawyer having expertise in this field to defend his case.

 

5. Your father can move a AB petition before the High Court though his chance of getting arrested is very deem.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

1. Ask your lawyer to file the bail petition before the High Court duly drawing the attention of the Court to the fact that your father had attended the investigation which the police has suppressed due to pressure exercised by influtential people.

 

2. The is no apparent reason why he will not get the bail.

Krishna Kishore Ganguly
Advocate, Kolkata
26070 Answers
726 Consultations

5.0 on 5.0

You can enclose affidavit of some witnesses who were present t in Mahila Thana with your father to prove that he had attended Thana for investigations 

Ajay Sethi
Advocate, Mumbai
84383 Answers
5530 Consultations

5.0 on 5.0

The documents in  the possession of your documents should be placed before high court while arguing for grant of anticipatory bail, there are chances to get the bail.

The politicians cannot influence judges especially they may not take much interest in such cases if the persons who approached them are not very close relatives. 

Rest other issues can be challenged before the trial court when the case comes up for trial before the trial court. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Your understanding is right that the politicians may influence police but not the court.

The politicians may keep off from the court matters.

They will not intervene in the case pending before  court ,more so for bail applications.

If your lawyer had made statements correctly stating that on so and so date your father was interrogated by the police and took his statement, but failed to produce the same before court and the suppression is either intentional for some other reason or due to pressure from some level, then the court would have considered the application, however it should be mentioned in the application to be filed high court without fail so that an opportunity is not missed.

Other things can be challenged in trial proceedings. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

If your relatives accompanied your father to the women police station that day, they can be added as witness to the bail application to prove your case and request the high court to examine them to find out the facts. 

Your lawyer at high court has to be properly instructed about the events that took place earlier before the police so that he can present a strong argument accoridnlgy. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

Hi,

When a decree is passed, you can appeal the decision of the court stating that the police did not conduct the investigation under the principles of natural justice and therefore, this decree can not be sustained. 

Thank you.

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

You can get it in RTI. You can include the same in your bail application For other detail remedies need to understand all facts of the case. If you need any further assistance then you can approach me through kaanoon or LinkedIn.
https://www.linkedin.com/in/prashant-nayak-5477b138

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

- As per Supreme Court , under section 498A, if accused supporting the police official, then bail is not mandatory,

- Since your father has appeared before the I.O. of the case then he is entitled to get the bail from the court.

- However, as the session court has rejected the bail application , then he can approach the High court for getting bail , and the chances are maximum if there is no section of violence and threatening and also no medical report for harassment and torture. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Complain against IO with the commissioner of police that inspite of statement being recorded it was not produced before police 

 

you can also file writ in HC to direct police to complete investigations within stipulated period and to change the IO 

Ajay Sethi
Advocate, Mumbai
84383 Answers
5530 Consultations

5.0 on 5.0

It is advisable that you concentrate in your case and to defend your interests alone. 

It may not be possible for you to prove the mistakes of police who will manipulate the situation and prove that they are right in their investigation. 

Especially this is a preliminary stage hence you better work on the steps to get the relief of anticipatory bail for now and prepare your defense to defend yourself in the trial proceedings. 

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

- You can file a compliant against the said I.O of the case before the higher official and also before the court . 

- Further, if no response then file a Writ petition before the High court. 

Mohammed Shahzad
Advocate, Delhi
8182 Answers
86 Consultations

5.0 on 5.0

Dear Client, 

Firstly, you have to file a complaint against the I.O of the case before the higher authorities. If no actions are taken then, you can file this complaint even in the High Court and this is done through a writ petition. 

Thank you

 

 

 

Anik Miu
Advocate, Bangalore
2729 Answers
27 Consultations

4.9 on 5.0

If it's in court then you can get certified copy of it. Even after investigation is over police can provide the same under RTI

Prashant Nayak
Advocate, Mumbai
24476 Answers
52 Consultations

4.4 on 5.0

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