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Author Topic: Arrest to avoid from 498a  (Read 467 times)

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Offline Skanda

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Arrest to avoid from 498a
« on: July 04, 2017, 09:19:23 AM »
Hi Legal Experts,

I am from Mumbai, and my wife is from Hyderabad. I currently work at Germany. It seems wife filed a 498a case against me at Hyderabad. But I do not have any information till now. I am still working at Germany planning to come on vacation. To avoid arrest can I take AB provided, how do I know is the complaint registered or not.

1. Do I get a call from police station? or Do I get a FIR copy or Do I get a petition from court to my work address at Germany?

2. How much time it will take to apply and get a AB?

3. If I came to know 498a filed can I apply AB fixing advocate through a phone call? Do I need to appear in person?

4. Can Local police at Mumbai will come and arrest me at my residence? or the police at International airport will arrest me at Mumbai airport and take me to Hyderabad? Please let me know...


Offline sahibsingh94

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Re: Arrest to avoid from 498a
« Reply #1 on: November 29, 2017, 07:00:20 AM »
Most probably you'll get a summon or a phone call as most 498A cases go to Women Cell for conciliation and then it goes to the legal cell for a preliminary inquiry.
Sahib Gurdeep Singh
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Offline psdhingra

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Re: Arrest to avoid from 498a
« Reply #2 on: December 04, 2017, 09:22:46 AM »
Hi Legal Experts,

I am from Mumbai, and my wife is from Hyderabad. I currently work at Germany. It seems wife filed a 498a case against me at Hyderabad. But I do not have any information till now. I am still working at Germany planning to come on vacation. To avoid arrest can I take AB provided, how do I know is the complaint registered or not.

1. Do I get a call from police station? or Do I get a FIR copy or Do I get a petition from court to my work address at Germany?

2. How much time it will take to apply and get a AB?

3. If I came to know 498a filed can I apply AB fixing advocate through a phone call? Do I need to appear in person?

4. Can Local police at Mumbai will come and arrest me at my residence? or the police at International airport will arrest me at Mumbai airport and take me to Hyderabad? Please let me know...


Dear S. Kanda,
[/size]
[/size]Your concern is quite genuine. A 498A case is considered to be much more serious than any other criminal case. However to avoid undue harassment to the accused and his family by the recent orders of the Supreme Court has put restriction on automatic arrest of the accused family without detailed investigation. However, your queries are answered as follows:
[/size]
[/size]1) The police station, where FIR is lodged, would definitely call you. It would be better, if you personally contact to get your doubt cleared about any FIR. That may give better impression about you. You may request for copy of the FIR. You have every right to get copy to know the details of allegations.
[/size]
[/size]2) AB may not take much time to get.
[/size]
[/size]3) Yes, you may talk to some good advocate, if already known to you and fix up as per his advice.
[/size]
[/size]4) Please see introductory para of my reply.
[/size] 
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