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Unknown blogger (ABC)     15 July 2014

Fir

A women goes to police station and tells police that she was harrased physically and mentally by husband and his family for dowry and gives a written complaint.

As per recent SC orders of not to arrest, police carry out primary investigations.

Now if police think that case is falls, can they reject to file FIR.

Moreover in the same case if due to pressure from girls side police had to file FIR, then can arrest happen.



Learning

 6 Replies

Dr J C Vashista (Advocate)     15 July 2014

Every thing is possible.

Laxmi Kant Joshi (Advocate )     15 July 2014

Yes both can happen.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     15 July 2014

 

No doubt, mere registration of FIR is not a ground to arrest.  

 

 

 

However, if the Investigating agency/officer primafacie satisfied himself from his preliminary investigation that the offence has been committed by an accused, he can arrest.

Isaac Gabriel (Advocate)     15 July 2014

If the police take advantage of the  frivolous and false complaint to harass the accused by  extraneous pressure to land the accused  in trouble,is there any way to escape from the arrest  and fight against the FIR?

T. Kalaiselvan, Advocate (Advocate)     16 July 2014

It all depends upon how much one greases the palms of the police and the situation.  Ordinarily Police will not be so much cooperative with the complainant on her very first and normal approach without signifying her readiness to meet the gratifications the police may hint her. Once she is ready to spend, the enthusiasm of the police will not know any bounds in this regard, in fact they will go to the extent of arresting the neighbors too if law or the situation permits.

Unknown blogger (ABC)     16 July 2014

Police called us yesterday stating that girl wants all her ornaments. We gave all  ornaments yesterday. But girls father was forcing police to arrest us. Th officer in charge told him that as per recent orders from SC we can not arrest as we did not think that crime has happened, and further told that they are not registering the FIR. After listening to that girl and her family was shattered and her father got so irritated that he started teaching Law to police officers. But police did not listen to him and they gave us a letter stating that police have done enough investigations request you to file a divorce petition in family court.

police officer also told us that the case is almost over, now can that girl go in some other police station and again launch complaint against us..

How much weight-age do the letter which police station gave us have?


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