Shahidkhan (self) 08 December 2014

Arrest and custody under 498a,406,323

After filling 498a fir to police station,police man instructed my family to come with stridhan and my self at police station at sunday evening only for statement and i will be free next day at caurt by bail,they assure that they will help me,

as per instruction i reached with my brother and stridhan with list, my brother has handle the matter of stridhan subbmission, meanwhile a officer has record my statement,

after some time they say my brother to go home and come next day for bail at court,but suddenly going after my brother the police man has come to me and said put off your cloth and submit your mobile,vollet etc,you have to go in lock up for night,and because i was alone in that police station and i found that police man was drunked i did as he instructed me,

only in underwear and ganji was weared by me and send me to in lockup where not any kind of faciltiy,i mean urine inside lockup,and i have passed a night without sleeping and next day on at 10 ocklock they took me out side of custody,,,

so friend my question is.... was is that procedure true by police,,,,if not what should i do know for justice,,,,,after that police have filled charge sheet against me,,,,,,

please reply,

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4 Replies

BHUWAN RAJ 09839268489 (lawyer) 09 December 2014

Challenge the entire proceedings including chargesheet in a 482 petition in high court concerned. Regards Bhuwan raj, adv. Supreme court of india. Cell 09839268489.

Shahidkhan (self) 12 December 2014

Thanks Mr Bhuwan Raj for Reply

How can prove that the police officer has locked up me in only Ganji and Jangia,,,,i mean they can refuse that they have done this kind of cruelty with me,,,,What is the Solid point to prove that kind of cruelty is done by police with me?,,,,Can i demand this point by RTI from concern police station that in what section they have done locked up me like this? is there any risk from police to demand this information from police department?

Nitish Banka (lawyer) 24 April 2018

Image result for 498a

Nitish Banka (lawyer) 24 April 2018

What to do when Police calls you in 498a cases

Posted by: Nitish Banka Categories: Criminal Law

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What to do when IO calls in 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Image result for 498a

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…

https://www.livelaw.in/delhi-hc-lays-procedure-issuance-notice-appearance-police-officers-u-s-41a-cr-p-c-read-judgment/