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HK_Jain... (498a Fighter)     08 July 2012

How much time police takes to action against 498a/406 fir.

 

Dear Experts

Please enlighten this

The matter of facts

wife file complaint in CAW cell, Delhi

Husband take NB..

Husband filled Divorce..

Complaint convert in FIR 20 days before after counseling & mediation failed but no notice recieved till now. Officially it was not informed me. I get to know this by Delhi police website.FIR is lodged in CAW cell, Nanakpura itself.

Query:

1) Why police taking so much time to serve me a notice? Usually How much time police takes to action against 498a/406 FIR.

2) Is this possible to lodged FIR without the physical presence of complainant?

 

Kindly reply me promptly and any other comments are welcome.

 



Learning

 11 Replies

Rahul Sharma (Others)     08 July 2012

Dear HK Jain, I am expecting the FIR in my case as well, how can I check the details from the website of Delhi Police. Please guide. Thanks, Rahul

(Guest)

In india everything is possible FIR could be lodged in absence of accused.

Adv. Chandrasekhar (Advocate)     08 July 2012

1) Why police taking so much time to serve me a notice? Usually How much time police takes to action against 498a/406 FIR.

 

There is no time limit to arrest the accused person after FIR is registered in cognizable and non-bailable cases like Section 498-A.  Once FIR is registered there is no necessity to the police to issue notice to the accused.  He can be arrested but shall be produced before the magistrated within 24 hours after the arrest.

2) Is this possible to lodged FIR without the physical presence of complainant?

 

Yes.  It is possible, when written complaint is there from the complainant.

1 Like

HK_Jain... (498a Fighter)     08 July 2012

@ Rahul

Below is the link of delhi police FIR status

https://delhipolice.serverpeople.com/firweb/Index.aspx?SubMenuId=2

select complainant and put your spouse name after the District & PS.

rajiv_lodha (zz)     08 July 2012

@ Advo Chandu!

U wrote "Once FIR is registered there is no necessity to the police to issue notice to the accused."

But the guy has Notice Bail. Is the police not bound to serve him notice for xx days before ARRESTING?

Dr J C Vashista (Advocate)     08 July 2012

Any time you may be arrested, if you did not seek anticipatary bail. Contact your local lawyer, till then hide yourself.

HK_Jain... (498a Fighter)     08 July 2012

Originally posted by : Dr J C Vashista 989115293

Any time you may be arrested, if you did not seek anticipatary bail. Contact your local lawyer, till then hide yourself.

@ Dr JC

I have 3 working days Notice bail in which ASJ given direction to police that "If FIR is registered against the applicant,they shall not be arrested before giving them 3 working days pre-arrest notice."

They are well known that I have NB, I am safe from arrest, The question is why they are waiting?

Adv. Chandrasekhar (Advocate)     09 July 2012

@rajiv-lodha,

if there is notice bail, the investigative team has to abide the condition laid down in bail order.  They cannot arrest him without giving him 3 working days time. 

rajiv_lodha (zz)     09 July 2012

Thanx 4 clearing the air, dear chandu!

@ HK Jain: Though one can not predict the real intention behind this delay, but guess:

1) Police has POWER TO ARREST in this case & NOT DUTY-BOUND to arrest. May be ur arrest they do not need

2) Cops/other party now knows that u wont be arrested easily. As soon as they serve notice, u will move higher step. In othe ways STING IS OUT FROM THE STORY

3) The case is in backburner as cops are busy trapping new MURGAAS

etc etc

rajiv

HK_Jain... (498a Fighter)     09 July 2012

thanks Chandu ji & Rajiv Ji,,

one more thing in CAW written complaint they did not even hint about 406 but in FIR there is 406 also.

 

Please some enlighten on this..

How to handle 406 with 498a/34 at the time of AB as well as recovery.

Change India (OK)     18 May 2013

Hi,

Need help in understanding the process/procedure for police to server notice to a party with 3 days notice to bail.

Can they come any time/any place/ give to any household member/what documents they should give along?

Officialy I was not called for FIR or informed about the FIR?

Regards


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