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Author Topic: Wrongly Arrested By Police Men Against 498A  (Read 940 times)

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Offline venkataprasad

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Wrongly Arrested By Police Men Against 498A
« on: March 09, 2018, 09:42:43 AM »
Hello Everyone,
Myself Prasad, born in Vijayawada. Now, I have been staying in Hyderabad, Telanga state. I married a lady of Visakhapatnam, AP dated 03rd March, 2016 in Visakhapatnam. Just a month after, she left from marital life. We had returned all her everything what she brought and given to us and came to settlement for her compensation which was documented.
But still she filed a case on me in Vijayawada that she wanted the divorce from me with all the settlement money (instead of mutual case). But the court of Vijayawada dismissed the case as her regular absents.
Later, we got regular calls from Police men, Malkapuram police station within one year of time to attend the police station for settlements. I informed them that my mother was done with Surgery and unable to attend the station for settlement and seeking time to attend. On frequent call from Police men, we issued a case in High Court which was convenient to me to file a case against the Police men and on Wife.
My wife filed a case on Me, Brother, Father & Mother. When court was not working due to summer holidays, Police men arrested me and my mother without issuing any notice to us and produced us to the court in case of 498A, 41 sections. Magistrate sent us to remand and we were released on remand bail.
We went to police station regularly and satisfied the conditions issued by the court. Later, we raised a complaint to ACP of Visakhapatnam against the Police men and on my wife, due to wrongly arrested without issuing any notice and her complaint after settlement happened.
Recently, on first week of February, 2018, we got a call from ACP, Visakhapatnam against the complaint we raised. My mother met with an accident after reaching to Visakhapatnam and she was not convenient to meet ACP. We returned back to Vijayawada with out intimation given to ACP (NO one there to take care of us) and took treatment.
Later, we heard the news that she was expired on a road accident by both RTC Bus Driver & A Bike Rider, (the news was given in news paper).
Here are my questions below -
1. Am I not responsible to pay her compensation ?
2. How could all her cases closed ? What steps to be taken to close those cases ?
3. What kind of actions can we take against Police Men ?
4. How could I reach/speek with ACP, VSKP against the complaint I raised earlier on Police Men ?
5. Do I have a right to claim her insurances and properties on her ?

Please clarify my questions, guide me by providing the correct steps to proceed and finally help me out with all your support.

Thanks,
VenkataPrasad.

Offline advjaibansal

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #1 on: March 10, 2018, 03:39:49 AM »
Dear Mr. Prasad,

Please inform the same to court and show the news paper articles if you are not in the possession of the death certificate. Court will close the cases.

Rest other claims of your on the insurance and property, if you are beneficiary then only you can claim on insurance. For property, only the parents of the girl can have the right on the property, which was only in the name of the girl, if death is within 7 years of marriage.

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

Offline venkataprasad

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #2 on: March 10, 2018, 08:17:08 AM »
Hello Jai,
Thank You for your response.
Can you please advise on points 3 & 4.
Point 3: We filed a case in HC which is on pending (not yet come to bench). Do we need to continue or close the pending case?
Point 4: ACP of Visakhapatnam given an appointment to discuss on the complaint we filed against Police Men for wrong arrest. We missed the appointment on my mother's sick. Shall we reach/call ACP to seek another chance on my complaint?
Please help us out.

Thanks & regards,
Venkataprasad.

Offline venkataprasad

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #3 on: March 11, 2018, 01:31:23 AM »
Can anyone please respond to my queries ?
I need your support to get my family out of these cases.

Thanks again,
Venkataprasad.

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #4 on: March 12, 2018, 10:41:41 PM »
Dear Sir,

Please file early hearing application uprising the court about the death of the complainant. Which court can confirm by issuing notice to the police and then close the case or quash the case itself.

Yes, you may take another appointment if required from the ACP.

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

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #5 on: March 14, 2018, 10:30:39 PM »
Hello Jai,
Thank you for your reply.
Can you please advise on below issue -
We (me and my brother) went to remand and released on bail. How could I save my brother and father from Police Men from the 498A case ?
Please advise with steps/procedure to get out of these cases.

Thanks again,
Venkataprasad.

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #6 on: March 15, 2018, 04:23:11 AM »
Dear Sir,

As you have stated that the complainant has expired. Please inform the same to the court. Nothing is going to happen. For your parents, you can apply for anticipatory bail if they have not taken the bail.

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

Offline venkataprasad

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #7 on: March 20, 2018, 05:59:21 AM »
Hello Jai,
Sorry for the late reply Jai and Thanks alot for your valuable responses to me.
Could you please let me know what all the documents required to submit to the court against these many cases ?
In which circumstances, we should reach Police Station to describe/close 498A pending cases.

Thanks,
VenkataPrasad.

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #8 on: April 02, 2018, 04:51:31 AM »
Please file an application before the magistrate court, where case is pending. Or you may also file a quashing petition before the high court on the grounds of death of the complainant and the case is still pending.

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

Offline venkataprasad

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #9 on: April 02, 2018, 10:25:50 PM »
Hello Jai,
Thank you for everything. The updates on pending cases are below -
1. 498A: Police men filed a charged sheet and not submitted to the Court. They hold it to find for a chance to catch us.
2. Report On Her Death: My advocates approached the Police men whether the FIR registered against her accidental death. They rejected to provide the information on the status of Postmortem and other reports.
3. Family Case: As she filed a case on family court just before her death takes place (10-15 days before). The opposite advocate came and answered that she was absent to the court and seek next hearing date. The superintendent had given next hearing date as 01-May-2018.

My advocates unable to conclude that she is no more because of no proof they had. So, they are preparing a file a quash in high court as you said. Also, advise us whatever steps more need to be taken and what else we missed to overcome the problems in future.

Thanks again Jai,
VenkataPrasad.

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #10 on: April 03, 2018, 04:07:54 AM »
please tell your lawyer to file an application before all the courts where cases are pending that she has expired. Upon filing the application the court will ask other side lawyer to file their reply to truth about her death. Your problem will be solved. I hope in one of your post, you had stated that it had come in news paper about her accidental death. please file the copy of said news paper cutting. Even if there is no news paper cutting, just file the simple application informing the court about her death. I am certain that your wife's lawyers or her family members cannot deny the same from the court.

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

Offline venkataprasad

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #11 on: April 09, 2018, 05:00:18 AM »
Thank You Jai,
I'll communicate the same with my lawyer. Can you please let me know the difference between 'Quash' & 'Stay Of Order' ? Earlier you suggested me to go for Quash. Please advise on 498A from which to save my family.

VenkataPrasad.

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #12 on: April 09, 2018, 06:08:27 PM »
Dear Sir,

Quashing petition is filed under section 482 of criminal procedure code and stay application inside the quashing petition seeking interim relief.

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

Offline venkataprasad

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #13 on: April 10, 2018, 04:55:52 AM »
Thank You Mr. Jai.
I passed the message to my advocate and will file it asap.

Venkataprasad.

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Re: Wrongly Arrested By Police Men Against 498A
« Reply #13 on: April 10, 2018, 04:55:52 AM »

 

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