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498a & 494 case

Querist : Anonymous (Querist) 04 July 2022 This query is : Resolved 
My wife complain 494A & 494 case against me more than three years after saperation.
Police investigate Bigamy without any order from court & submit Chargesheet. As per Chargesheet accused have illicit relationship with another lady.

Can police investigate such non-cognizable office without court order ?
Is court's order is necessary to investigate Bigamy complain ?
Can such allegation may be filed more than three years of saperation ?
Since in spite of repeated request through letter by registered post she refused to return, how she can be aggrieved person?

Querist : Anonymous (Querist) 04 July 2022
As per complaint of my wife, with whom I remarried, is a wife of another person.
Dr J C Vashista (Expert) 05 July 2022
Can police entertain a complaint and register FIR under section 494 IPC for the offence of bigamy ? No.
What sort of cruelty has been alleged in the complaint / FIR for the offence under section 498A IPC where you are living separate for the last more than 3 years ?

Vague and confusing facts can not lead to form proper opinion and oblige.
Querist : Anonymous (Querist) 05 July 2022
Only it is mentioned that me & my family members are tortured upon her. No reason, no specific date, no proof, no witness name are mentioned in allegation.
Sudhir Kumar, Advocate (Expert) 27 June 2024
please share facts,.


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