High Court stay order against Appeal by Accused(ex-BF of my wife)
With deep regret, I wish to inform you as under and request your suggestions for further course of action from my side:
1. In less than a week after my marriage, me, my wife, my mother and my sister started receiving phone calls from unknown people accusing and abusing me of forcefully marrying my wife and threatening me of dire consequences.
2. On further scrutiny, I realized that the phone calls were spoofed and were not from the persons who were the owners of the SIM / Mobile number. This came to my knowledge when I returned the call; it was picked up someone else, and who had no knowledge of the call being made from his /her number. The same person kept calling us on our respective mobile phones and hurling abuses on us.
3. As the phone calls never stopped for over two months, I had no option but to file a complaint in Police Station.
4. On 1st April, 2013, one person posing as a policeman came to my office and alleged that I was ‘harassing’ a lady regularly and warned me of dire consequences if I did not stop immediately. He further stated that a complaint has been lodged in the police station against me by that lady. He however refused to divulge further details as to where the complaint was lodged and who the lady I was ‘harassing’ was.
5. During the period, I and my family members continued to receive calls at odd hours of the night. The caller used abusive and unprintable language on the phone.
6. Again one month later, two persons came to my office and abused me of repeatedly ‘harassing’ a lady with no roots of the allegation. They created a big ruckus in my office and my office staff had to intervene to diffuse the situation. The entire episode has been captured in CCTV camera installed in my office.
7. Unable to bear the humility, I once again lodged a complaint with Police Station on the same day
8. On 9th May, I lodged a complaint with Cyber Police Station disclosing all the numbers on the incoming calls to me and my family members. Since there was no respite from the obnoxious calls/SMSes, I once again lodged a complaint with Cyber Police Station on 22nd May 2013.
9. For quick response, I wrote a letter to PM of India marking CC to Commissioner of Police, in July 2013 for his intervention.
10. Taking cognizance, Police Commissioner ordered Detective Crime Branch (DCB) to investigate the matter further.
11. On investigation it was found that A person was in constant telephonic touch with my wife (her ex-boyfriend) and this man was behind the obnoxious threatening calls. Earlier on similar case – Cyber Crime, also suspected the same person for his telephonic association with my wife.
12. In January, 2014 on completion of the investigation, DCB filed charge sheet in court under section 507, 114 of IPC. Earlier in Dec.13 the person was arrested by DCB and was released on bail.
Now, the man (accused) has filed, a Criminal Misc Application in High court, Ahmedabad for quashing of Charge sheet stating that these offences are non-cognisable and without Magistrate order the investigation was carried out so it is illegal without any authority. He made State of Gujarat also as respondent.
First respondent is State of Gujarat and second is the myself
Court ordered on 22nd August, 14 …”…… Ad-interim relief for pending hearing and final disposal of this criminal application, proceeding in learned JMFC Vadodara be stayed. “
Further court has given time of ….”14 days after the receipt of the notice to appear in person or by advocate for disposal of the said criminal misc. application to show cause as to why it should not be admitted or such other orders to be made as the High court may deem fit.”
Please suggest what further action can we take in this matter?
Note: The girl (my wife) is not living with me since 15 months. She with her family is not keeping any contact with us since then. They are not responding our mobile calls and SMS. Even they are not coming forward for mutual consent divorce. Many times my wife gives 498a threats on phone.