Dear sir, a case was registered gainst my wife for killing her alleged boyfriend buy setting him ablaze, but actually he has set him self on fire. but when police arrived in a hospital he take a u turn blame that my wife has called him to bring petrol for her scooty and with same petrol he poured on him and set him on fire as no pws are coming because they all are fake as per dying declaration only my wife & children were present.so how can his wife and cousin came and became a eye witness because both statement recorded by deceased clearly stated that both has come when people are talking him to hospital in ambulance which is also called by me.as per my presumption they also know this that why they are ignoring the dates and moreover presurissing me to come to compromise or they will HarrAs me. For doing the same now they have filled a writ applications in high court from one witness cousin of deceased that I am eye witness and getting constant threat of life for me and my family oral as well as one written threat that if I will be a witness in the said case they will (my self) eliminate my family now court has issued a notice of motion for 29 August. Till now I haven't received any call from police or any Summon but want to know what should I do 1 is there any chance of my arrest warrant be issued as I have done nothing even I don't know that person by face or never called him or even visited that area where he leave. What action will court take in such application and notice of motion which is issued should I have to go to court personally or can hire a lawyer to be present in my behalf
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Lawyers are available now to answer your questions.
1) file police complaint of criminal intimidation under section 506 of IPC if you are facing threats to your life
2) enclose written threats received by you
3) no arrest warrant would be issued against you
4) you can hire a lawyerly appear on your behalf if case is filed against you
Dear Mr Ajay they have filed case against me they want money if I don't come to Compromise they will get me arrest in hight court they have file criminal misc application against me that I am. Theartning him while I have done nothing nor orally not any thing in written. Now high court has issue notice of motion. My concerns are 1 can police arrest me 2. As I have done nothing then also court will summon me. 3 exactly what court will do in such complaints 4. What kind of action taken in notice of motion
1) you should never bow down to blackmail tactics
2) you should engage lawyer file detailed reply denying the allegations made in Misc application
3) state that you never called the complainant and have no intentions of doing so
4) mention that in fact you received calls from them demanding money for compromise which you refused
5) after considering your reply and hearing arguments court would pass orders on misc application
Till now I haven't received any call from police or any Summon but want to know what should I do 1 is there any chance of my arrest warrant be issued as I have done nothing even I don't know that person by face or never called him or even visited that area where he leave. What action will court take in such application and notice of motion which is issued should I have to go to court personally or can hire a lawyer to be present in my behalf
You were informed that they have filed a writ against you seeking protection from you whereas you have not received any notice so far.
If you have not received any notice so far it clearly indicates that there is no case against you till the time you receive a notice from high court.
Upon receipt of a notice from high court, you engage the services of an advocate and plead innocence by filing your counter to it.
Police cannot make any arrest until there is a specific order by high court in this regard, which shall be made only if there is a serious charges pending agaisnt you in the police station and you are absconding.
Be in touch with a local lawyer on all such developments.
My concerns are
1 can police arrest me
The criminal misc. application filed is for seeking relief thereon and not for arresting you, hence dont be worried about it, the police cannot arrest you without any direction by court.
2. As I have done nothing then also court will summon me.
The court will summon you by sending a notice, you can plead before court that you are innocent.
3 exactly what court will do in such complaints
Exactly the court will summon you and hear your side arguments in the matter filed against you.
4. What kind of action taken in notice of motion
You have to appear and express your objection to the charges alleged agaisnt you.