Legal Question in Criminal Law in India

My wife (USA Citizen)and her parents filed a false dowry complaint in India while I was already In USA.Our marriage was done in India .I did not go back to India and now my divorcve is already done and I have become a usa citizen but the dowry case is still going on in India .As I did not appeared in the court ,the court has declared me as a Proclaimed offender.

How disgusting it is that my wife filed a bogus dowry complaint as her father bribed some higher police officials and the court has declared me as a PO while I was in USA when they filed a complaint.When corruption will go away from India?? And How can I go back to india safely,I mean do I have to take some precautionary measures before I can go back to India..............

Where I can file the application to cancel the orders for PO ,in the session court or the high court.I was declared PO/Obscender by the lower court. And the lawyers of the lower court told me That once you are declared PO/ Absconder you cannot engage a attorney however for to apply anticipatory bail ,I can hire a lawyer but not to file an application.Is this true.

I am so surprised on what grounds court declared me a absconder the meaning of which is To leave quickly and secretly and hide oneself, often to avoid arrest or prosecution,When I was in usa when the fir was lodged and thereafter.India is really a corrupt country.Can we make India a good place!


Asked on 10/23/12, 4:04 am

5 Answers from Attorneys

Sanjay Kalra Sanjay Kalra & Associates

I have answered your query but informing you again that you are in a thick soup.PO means any civilian can arrest you as well. Engage a good lawyer to defend you before the court for anticipatory bail etc. Do not enter India without engaging a lawyer to guide you properly in your difficult time. Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 10/23/12, 4:27 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

You are a PO in India and not in USA. 498a is not an offence in US. Still if you want to visit India, retain a lawyer for defending you. Read more on www.karvai.in

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Answered on 10/23/12, 5:56 am
Vishwa Arya Arya & Co.

gentlemen:

You are combining so many issues in one question. Your immediate problem is to wriggle out yourself from the court case. thereafter, you may raise your voice be it may on issue of corruption or otherwise. The court declared you a proclaimed offender for there being no representation from your end before the court. There was no one before the court to tell that you are a US Citizen not even aware of the proceedings. Yes, once having been declared a proclaimed offender, your attorney has to first find out the circumstances from the court record as to why and how you have been declared P O. Thereafter, depending upon the circumstances, one may move an application for cancellation before the same court or before the higher court of Sessions and/or High Court for cancellation. Secondly, if the case is on false pretext which can be shown to the court on the face of it, one may file simultaneously for quashing of FIR before the High Court. However, if there are facts or issues which require evidence to precipitate those facts then quashing is not the answer. In such cases one has to face the trial. Sir, have patience, take steps through an attorney who would apply on your behalf - bail you out.

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Answered on 10/23/12, 7:21 am
Pravin Vaidya Independent

You have not mentioned at which place/state in India complaint has been filed by your wife. If it is in Gujarat certainly we can help you

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Answered on 10/24/12, 3:15 am
Shrichand Nahar S.V.Nahar, Advocate

If you are living in USA and also acquired USA citizenship and did not care for the pending case for such a long time, what made you to think about it now?

If the case is really causing your some problem, you may consider approaching superior court like High Court of Supreme Court with some reason / explanation, which you may surely get after going through the case papers, roznama and various orders passed in the matter till date.

Engage a good lawyer with his/her help apply your mind with a view to formulate a strategy for the entire case instead of just focusing on order declaring you a proclaimed or absconding offender.

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Answered on 11/14/12, 2:46 am


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