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Author Topic: what next?  (Read 772 times)

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Offline neil

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what next?
« on: June 02, 2016, 08:02:22 AM »
Hello experts,
Today I got a call from womens cell, stating that why am I not attending the meetings for mediation, to that I very politely responded that we are not getting notices for the same, last notice we got was some 3 months ago to which we reponsded in writing with all the medical proofs attached with the reply, after that my wife had filed for a DV case, and now the womens cell officer told me that we will file an FIR.
My background on why we cannot attend any mediation 2000 kms away from our place.
I and my father are physically disabled person suffering from a rare brain disorder, I have all the medical proofs to prove me and my fathers disability, I told the officer regarding this issue, he told its time for an FIR under Sec 498a and 407,
My wife had already filed a DV case to which we will be filing our reply in the next date.
Experts please advise what next can happen in this case?
Thanks in advance.
N,

Offline advjaibansal

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Re: what next?
« Reply #1 on: June 03, 2016, 03:10:31 AM »
Dear Neil,

Once the FIR is filed, please apply for bail for you and the persons who are made party in the said FIR.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline neil

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Re: what next?
« Reply #2 on: June 03, 2016, 07:00:55 AM »
Thanks for the reply sir,
I had a few concerns, request you experts to please give me the advice.
can they send police to our home and arrest us, in the scenario, that we haven't got any notices just one phone call from a person, who told we are filing an FIR.
Will not the police investigate before coming at our door that have they been served notice or no?
Thanks in advance
N
I am very tensed and scared at the moment, being disabled thinking for taking some suicidial steps and finish this once and for all.

Offline advjaibansal

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Re: what next?
« Reply #3 on: June 08, 2016, 12:14:02 AM »
Dear Neil,

No notice for arrest may be given to you if no protection in form of bail is taken from the court. Yes they can visit your house for arrest. As you know that FIR is registered, please take out a copy, approach a lawyer and get the bails filed before the court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

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Re: what next?
« Reply #4 on: June 09, 2016, 06:31:36 AM »
Hi
First write a letter to the women police cell citing the medical reasons and also the Distance (2000km's) and send the same to the police station by Registered post with acknowledgment due.
Also if you have a complaint number , approach the high court which has jurisdiction over the police station and move for anticipatory bail. the high court will give you anticipatory bail based on your medical reasons and also the Distance.
Don't wait for the police to come to your door steps. You should initiate your anticipatory bail application as soon as possible.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline neil

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Re: what next?
« Reply #5 on: June 09, 2016, 07:48:37 AM »
Thanks for the reply sir,
I will be filing for AB, but where will I have to go for filing AB, can i file in the high court at my place, or 2000 kms away?
but we recd. notice of CAW cell some 3 months ago, to which we replied with all the medical reports attached,
we haven't recd, any notices since then

Offline advjaibansal

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Re: what next?
« Reply #6 on: June 15, 2016, 04:17:21 AM »
Dear Sir,

AB can be filed only after registration of FIR and at the place where FIR is registered. Not anywhere else.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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