Legal Question in Criminal Law in India

Sir,

Case under section 498 is going against me in India. And my application for anticipatory bail was rejected and I left the country because I was scared for my arrest. And hence I have been declared as proclaimed offender. My case is still going on in the court followed up by my mother. Now I am in USA working on work permit. Its been wuite a long time since I left the counrty after my arrest warrant. During which there have been 2-3 hearings followed up by my relative. Of lately my wife came to know about my whereabouts. And now I am scared again. Could you please tell me,

>> What should I do now?

>> Is it safe to continue staying in USA?

>> Would the Indian emabassy in USA impound my paasport?

>> What all ways my wife can adopt to get me back to India

>> The next hearing is after couple of months. Can she go to the court now and request them thru the Indian embassy in USA to cancel my visa or she has to wait until the next hearing. How much time does it take for the whole process??

Sir I am veyr much tensed. Please help me.


Asked on 8/25/09, 8:28 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

1. Try to reach an amicable out of court settlement with your wife.

2. No. It is not safe to live like this. You may be arrested and detained / deported by US authorities if your wife approaches them with a complaint and arrest warrants issued by Indian authorities.

3. Yes, the Indian passport authorities may impound your passport.

4. Your wife may complaint to I.C.E. and B.I. AND C.S.

5. She may file an application in the court at any time without waiting for the next date of hearing.

It may be better if you try to reach an out of court settlement immediately.

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Answered on 8/25/09, 9:25 am

Plz provide the detail of Complaint and your last reside status etc.

May be we suggest you any other way except mr.sudershan told you.

[email protected]

Or

M:098141100005

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Answered on 8/25/09, 1:37 pm
Shrichand Nahar S.V.Nahar, Advocate

If investigation is already complete and charge sheet filed only U/s.498A, your arrest and custodial interrogation may not be necessary. Check about correct status of the case.

If aforesaid is true, then you may appear and apply for cancellation of warrant and grant of bail.

If case in general is good on merits, you may also consider appearing through a duly instructed Advocate on your behalf to conduct the matter in your absence.

Generally, extraditions are not invoked in the matters like 498A. Further, quality and nature of evidence required for extradition in USA are much more stringent then here in India. Therefore, possibility of your extradition in such matter is quite unlikely.

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Answered on 8/26/09, 12:39 am


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