Legal Question in Family Law in India
appeals and review u/s 498A.
I filed a FIR u/s 498A ,406,34,
313 and 3 & 4 of Anti Dowry Act
against my husband and father-
in-law at Kolkata in March last
year. But as my husband belongs to Assam , they filed a
bail petition at Gauhati high court, which was rejected and asked them to surrender at
Kolkata . But they filed a bail
petition at Kolkata Highcourt ,which was rejected . But they
escape arrest warant for the
last one year due to looseness
of police. Now after police file a
charge sheet in the court of
CJM , they surrender in the court
and immediately get the bail
without put in to custody.
Now wheather I am able to
file a review petition against the granting of bail or to appeal in the Kolkata high court
against the granting of bail order ? Please clearify & help me .
2 Answers from Attorneys
Re: appeals and review u/s 498A.
You should not take any proceeding because once the police has filed a charge sheet in the court, their custody will be meaningless. It is surprising how the police could file a charge sheet without investigating the matter and for investigation purposes the police ought to have sought their custody. anyway, now gone is gone; just pursue your case. There is no right of appeal with you against the order passed by the trial court; However, if you ever find that they are misusing the concession of bail, you may approach the court for cancellation of bail but chances of cancellation are very very low.
You may also start fresh proceedings under the Domestic Violence Act in addition to 489-A proceedings; so that you get adequate maintenance/support and also proper accommodation for your living - if you feel the necessity.
Re: appeals and review u/s 498A.
It is better to procced with the case i.e. hearing etc as more the delay it will weaken your case.
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