Dear Concerned,

This is surprising that your FATHER"S bail has been rejected - the reason might be as your brother is not present in the country. First you should file for Quashing of FIR along with Bail Application for father in the High Court and bring to record the actual Communication of chats with the girl and brother. it seems this family want to extract money from you ----- High court will give you releif for sure - as this matter itself sounds like a false case filed by the girl. IMAGINE what this girl could have done if your brother was married to him.

Best of Luck

You have not mentioned the reasons why your father bail plea was rejected

2) HC would release your father on bail subjecting certain terms and conditions

court can impose conditions that your father should surrender his passport

2) court may direct that father should not travel abroad without prior permission from court

Dear friend it is not important that your family from another state but important is that what type of role has been attributed to your father in this case. Merely outside of state is not conquer ete reason for rejection of bail.how much is custody period? It's also important. So many judgements of hon,ble Supreme Court of India. Mention in bail petition.

It is a surprise for me to hear that the bail of father has been rejected, such as mentioned by you is not a good ground for bail rejection.

Approach the High Court at the earliest to get the bail order.

There is a maxim which says that 'bail is a rule, jail is an exception' also the SC in plathora of cases has held that the parents of the husband in matrimonial disputes shall not be arrested.

Breathe easy, take care,best of luck and reach out to the HC at the earliest

Regards

Your father should File complaint of criminal defamation against girl and her father under section 500 of IPC for having maligned his reputation

2) he can also file suit for damages against girl and her father

You can find these details in HC website

2) take search with details of name of parties , year of filing and you would get the answers

You may contact a local lawyer who can search the case in the High court by name and get the copy of the same for you from the record room.

Regards

You have not filed case in HC

Hence you cannot apply for withdrawal of the case

3) court would release your father on bail as he is a senior citizen

Wait for filing of charge sheet

Then based on legal advice apply for quashing in HC

My Friend, Firstly filing a case in High court and getting acknowledgement and giving copy of acknowledgement cannot put pressure on police.It takes time between filing case in Highcourt and withdraw the same. Same day not possible. Secondly if you think that there is no conqurete evidence against your father then file a case in Highcourt u/s 482 CRPC for quashing of FIR or Complaint by giving valid legal grounds.

Thirdly Challan can be Challenged in Highcourt.

you can challenge the charge sheet filed by police and decision of the lower courts

Yes Challan can be challenged in Highcourt.

Yes you can absolutely file a writ petition under article 226 of the constitution of India and challenge the said order. The same can be challenged on the ground of it being arbitrary and unreasonable.

Let me know if I can be of some help.

Regards

He is away from home in another state. We are worried. We have appealed now in the high court of Bilaspur. Kindly suggest what can be done. how can he get bail.

This should be a miscarriage of justice to register a FIR on no proper ground i.e., if the marriage was not solemnized but eh bridegroom party were booked just based on the whatsapp message.

You have to produce the message you have collected through backup before the high court during bail application argument for establishing the fabricated document she produced before police and also you may highlight the police demand of bribe etc before high court.

This indeed has given me a peace of mind after hearing high court can grant my father bail. The reason for the bail getting rejected is because the girls family had put in a objection stating that my brother is not in India as well as they even stated that these people are from out of state and incase bail is granted they will not come back easily or keep extending the case.

The fact that your brother canot come to India owing to the employment commitments should be emphasized before court properly and also to undertake to provide sufficient solvency before court for enlarging your father on bail.

They withdraw the case the same evening once they received the acknowledgement number. That means they submitted the police a copy of the fake case which was first registered and later withdrawn. So i was wondering what can be done in this instance. Can we file a 420 case against the girls father. As well as they have logged a complaint on my brother and my dad under section 498 3 5

Did you ascertain that they withdrew the case against your brother and father?

If so whether the police have stated the same before high court ?

Once a FIR is registered under this section, it cannot be withdrawn by the complainant because it is a non compoundable offence.

Clarify and confirm the position and revert

One more question where can i find the documents related to the case that was filed in high court and was later withdrawn.

You can apply for copies by filing a copy application for certified copies of the same.

So i want to know can we put in application for the case to be withdrawn and if yes

then where should we put in the application to withdraw the case will it be in HC or the lower court. As well as do you think my fathers plea for bail will be accepted in the HC as well as any suggestions on what grounds should we apply for bail. Kindly help.

If you have sufficient proofs to prove tht this fraud has taken place then in the bail application before the high court this also can be pleaded as a reason stating that the defacto complainant has already withdrawn the case/complaint.

This can be a good reason for getting the bail granted.

Can we dismiss the case because the evidence is not strong against my dad and brother. As well as the case that was made on the police to speed up the process was withdrawn by the girls father but the police was not aware of it.. So o what grounds can we dismiss the case or file a application to dismiss the case.

The case can be dismissed by the trial court aloe that too after the police files charge sheet and the after the court hears both the sides during trial and then passes an order dismissing the case on the basis of merits

In the HC can i challenge the challan charged by the police and the decision given by the sessions court and lower court.

The challan or the charge sheet can be challenged only in the trial court and later on if the lower court convicts the accused then the accused may file an appeal against the orders before the sessions court.

Your local lawyer can guide you in this regard

2) if there is fast track court in your city taking the dowry cases filed then you r case can be referred to fast track court

Gove an application to the District Judge for the same.

Regards

Very simple procedure move an application before District & Sessions Judge to commit the case to Fast track court , if your application is not allowed the highcourt is other option. U/s 482 CRPC

Can we apply in fast track court. And what is the procedure.

This case cannot be tried in the fast track court.

The trial of such cases can happen in the magistrate court only.

Bail application can be put before District & Sessions Judge. Acceptence or dismissal is depend upon arguments.

You'll have to apply for bail before the sessions court, and once the same is rejected, apply for bail before the District Judge.

You ha e to apply for Anticipatory bail in district sessions court

No DM is not the appropriate authority to grant bail, the same must be filed before district judge or the appropriate court where the case is going on.

Thanks and Regarfs

Can district magistrate accept the bail application or can we apply in district magistrate to seek bail.

Actually for DV case there is no need to get enlarged on bail.

In the event the court is insisting on bail then you may get enlarged on bail from the trial court itself.

Yes, your case is on board and the court has summoned the case diary.

The case will come up for hearing in the next week.

It means your case will appear on board next week

Court has directed prosecution to produce case diary on next date of hearing

1) it will appear on board next week

2) you should get bail

Bail is not granted taking into consideration of the merits of the matter . The court will look into other aspects, other than the merits of the case.

Hearing in the next week.

Case will be listed next week

The case has been admitted and will be heard on merits. Bright chances

Police record has been called to examine bail application. If record submitted then argument will start.

It means that your petition does not survive and court has after hearing passed orders finally disposing the petition

This means that the case has to be heard for interlocutary order on the next date of hearing.

Regards

PLEASE GUIDE WHAT DOES THIS MEAN...IS IT THAT MY DADS CASE IS ON BOARD AND WILL WE GET A CASE DATE SOON......

The court has taken on file the petition, notice is given to the government attorney and seeks his reply and also the case diary from the lower court and post the matter in the last for next week

Thus your case will again come for hearing in the next week.

So when will i get a date for the hearing as well as what are the chances of the bail application being granted.

The matter will be heard in the next week's list.

The chances of getting bail cannot be predicted.

It means the case has been listed today and the same has been disposed.

The details of disposal is not known which you may enquire from your advocate.

The court has disposed the matter, you can collect the certified copy of the order and can see how this case was disposed,

This case was disposed off on 13.11.17. This impled that this case has been already decided on 13.11.17. The matter was listed lastly for final hearing on 13.11.17 and it was finally decided on the same day.

Get in touch with your lawyer to peruse the order passed by the court on 13.11.17 and to know the final decision of the COurt.

I would not advise you to file a case until and unless you are acquitted in the case that has been filed against you.

They may say that your father is misusing the bail and the bail might be cancelled.

Definitely you can file a case against them on several grounds once you are acquitted by the court.

Regards

file complaint of criminal defamation against the girl and her parents for maligning your reputation under section 500 of IPC

You could file a case under sections 211, 499 and 500of IPC. At the same time, you may send the girls side a Legal Notice for defaming your father and can claim damages. Later, you may file a civil suit claiming damages.

What is the reason that you rely on for lodging a cross complaint against the girl's family and her?

You have to specify the reason so that you can be advised about the provisions of law that will be suitable to the situation.

You can lodge the so called cross complaint with the concerned police, who will take care of the sections of the law or provisions of law under which the complaint can be registered.

177, 420, 406, 120-b