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False case of 498a ,377 against NRI sibling


25-Apr-2023 (In Divorce Law)
Wife has levied false allegations under sec 498a,376,377,354.Now FIR has been logged.In FIR wife has involved my brother name under section 498a,376,354 on my brother who is NRI.Now IO is asking my brother to join investigation .He is presently in Canada.IO is threatening that if my brother will not join investigation he will go for actions like Proclaimed offender,Impounding of passport or issuing Red corner notice.Expert opinion required on following points 1) under what circumstances IO can go for actions like Proclaimed offender,Impounding of passport or issuing Red corner notice 2) How i can safeguard my brother because it is very difficult for him to come india and join investigation 3) Is physical presence of my brother is mandatory during the trial.How he can be exempted from physical presence . 4) Can Anticipatory bail be granted to him without his physical presence in India. 5) At any stage during trial does his physical presence required in court after getting AB
Answers (3)

Answer #1
557 votes
Hi there, you haven’t given the complete information regarding the facts ....when did this FIR was lodged ? In which police station ? Are the contents of FIR against your brother TRUE ? Was he in India during those days of incident ? Has I/o submitted the chargesheet? Plz b in touch
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Advocate D. Khan

Adv. D. Khan

LawRato Delhi | 1000+ Answers
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Answer #2
602 votes
hello client as i can seebur issue is really very much serious as the sinario you have explained here is seems to be very serious planning of framming the false consparisy has been laid down along with the police is been involved in this consparisy . as i can see the issues . for the relief in this matter we nees to take legal steps on urgent basis because if we get late in legal action then your brother will be in big problems .
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRatoDelhi | 1000+ Answers
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Answer #3
942 votes
first you file an anticipatory bail on behalf of your brother court may ask your brother to join investigation you may take the plea of corona crisis in India court may grant your brother anticipatory bail. then go for quashing of the FIR brofe high court High court may also stay the proceedings of trial.
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Advocate Prasanna Mohan

Adv. Prasanna Mohan

LawRatoDelhi | 25+ Answers
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