Legal Question in Criminal Law in India

dear sir,

i am working abroad.my wife has gone india 3 months back and didn't return.she filed a complain in CAW cell against me in dowry,forced abortion,physical torture,and my involvement with another girl.non of them is true.though she has got some pictures as a proof.. she has dragged my fathers name in dowry case also.

the CAW cell has asked me to meet at end of this month.the cell has send 2nd letter on my name to my native place where it's not received by any1 as this one is addressed on my name and postman refused to give to any1 else.through some source came to know that date of appear is last of this month. the 1st letter is received by my dad 5 days after the stipulated date to appear..

sir what can i do to overcome this problem.can i send my dad on my behalf as i can't take leave and go in short period of time.i am doing a small job.

1.can me or my dad can get arrested in case i fail to appear.

2.if my dad will appear can the police will take some action against him or arrest him.

3.i have spend a lot for my wife and i didn't keep any record or bill of it..even i have not taken any of gift given by my inlaws.all is with my mother in law.

how can i manage to get a bail if warrent wil be issued against me.

please help ..

dear sir, you already replied me in this matter. but if i will send my dad just before the appearing date on my behalf to negotiate with police and in laws will it be ok.any chances that he will be detained or arrested.if in such case what course of action i have to do. i am still residing abroad and can't come in short notice.i am really worried because my dad name is involved in asking for dowry matter.we are a simple family with no mother. my father bought up the whole family.i can't afford to keep my dad in trouble.

please help.


Asked on 9/12/10, 12:03 pm

2 Answers from Attorneys
Vishwa Arya Arya & Co.

CAW cell would first initiate an inquiry and register the case only after initial screening. Once the case is registered then the person is arrested. if in your case FIR has been registered your dad may apply for anticipatory bail. Worry is not the answer for you. You may contact a local lawyer who would send a representation in writing about your being abroad. For your dad you take the anticipatory bail. After that let your dad appear and contest the matter and explain the falsity of the matter.

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Answered on 9/12/10, 7:54 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in this situation, your dad has to file an application for anticipatory bail and the CAW cell would appear in the court as respondent and plead that no f.i.r is lodged so far and the court would dispose off the bail application by granting 3 or 7 days notice period in favour of your dad. it means that when the CAW cell lodges the f.i.r., your father would have sufficient time to apply for anticipatory bail by hiring a lawyer. this is the only way to avoid unforeseen harassment.

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Answered on 9/12/10, 11:24 pm


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