498 (a) & 506 (2) of i.p.c
Querist :
Anonymous
(Querist) 13 January 2012
This query is : Resolved
Wife went to her parent's house, after 2 years 6 months wife filed a case U/s 498(a)& 506 (2) of I.P.C before the Magistrate Court, the same was transferred to Police Station. with all false allegations.
My Queries are:
1. How is having power to register the case.
2. What is the procedure to arrest the accused & other members.
3. Is there any Intimation from the police station before arresting the accused & other family members.
4. Have Police any power to arrest the accused & other family members without any intimation from the police station.
5. Kindly give advise what is the correct procedure to arrest the accused.
I will be waiting for your reply
M.Sheik Mohammed Ali
(Expert) 13 January 2012
1. why not the police have power
2. if cognizable case then immediately arrest
3. no way
4. yes,
5. if you believe that your wife has filed case's against you and your family than take AB. and then face the case.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 January 2012
Police will send report after enquiry to the court and will act as per orders of the court only.
Sankaranarayanan
(Expert) 13 January 2012
First the IO will examine the complaint and if they collect all records and evidence then they submit to the court and as ppper the direction of court they take action
Querist :
Anonymous
(Querist) 13 January 2012
Thank you sir,
Is there any chance to registered the case without counseling.
I know, case is filed Under above sections and same was transferred to Police station.
May i get anticipatory Bail, without FIR, one advocate told that without FIR, Impossible to get Anticipatory Bail
Is it right or wrong
Please advise sir
V R SHROFF
(Expert) 13 January 2012
to get a AB , fir is needed,
Or get regular bail, appearing at court.
Querist :
Anonymous
(Querist) 13 January 2012
Wife also threatening that she will file many cases against husband like, DVC, MC, etc
May i file a case u/s 107 of Cr.P.C
Please Advise sir
V R SHROFF
(Expert) 13 January 2012
u have only to defend,
In India Woman oriented laws, u cannot attack. only defend.
bal shankar advised u.
Kiran Kumar
(Expert) 13 January 2012
in these circumstances, better seek anticipatory bail rather than concentrating upon the procedure only....it will be wise to visit some local lawyer for instant services...
you need not be more academic about the things....if possible file an application for Restitution of Conjugal Rights under Hindu Marriage Act....it will provide you an olive branch to save the skin otherwise get ready for some tough time ahead.
Devajyoti Barman
(Expert) 13 January 2012
Once the FIR is registered the Police has power to arrest the accused persons and naturally prior intimation to them does not arise.
In criminal cases there is no scope for counseling.
Once the case has started to avoid arrest getting anticipatory bail is the only option.
Case u/s 107 c rpc is of no use.
Raj Kumar Makkad
(Expert) 14 January 2012
I think all possible aspects of the matter have already come hence the query should be treated as resolved.
Querist :
Anonymous
(Querist) 14 January 2012
Thank you very much respected above all Experts for your advises.
Please clarify my doubt
Is it cognizable offense u/s 498(a)& 506 (2) of I.P.C in the state of Andhra Pradesh
waiting for your reply dear experts
V R SHROFF
(Expert) 14 January 2012
Wife also threatening that she will file many cases against husband like, DVC, MC, etc
May i file a case u/s 107 of Cr.P.C
Please Advise sir
as suggested by Shri Barman,Case u/s 107 c rpc is of no use.
As fart as DV , I believe, she cannot file it, as barred.
Bal as i advised you earlier. u hv t defend ur self.
prabhakar singh
(Expert) 14 January 2012
Yes! agree with fact that your query is now resolved.
Deepak Nair
(Expert) 14 January 2012
Dear Querist,
498(a) is a congnizable offence if reported directly to the Police Officer.
All other issues are rightly solved by the experts.
Devajyoti Barman
(Expert) 14 January 2012
But is it cognizable offence in AP?
Some one from AP may be of some use now?
Shonee Kapoor
(Expert) 15 January 2012
You have been rightly guided.
If you need any more help join local SIFF group at your place.
if you think undersigned would be of any help, feel free to contact.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
