Violation of sec 46(4) of crpc
498aVictim
(Querist) 19 September 2011
This query is : Resolved
Hi,
My mother was arrested by the IO after sunset (at 8 PM) and detained in PS till 12.45 AM without any permission from Judicial Magistrate. She was named in a false 498-A case. SHO was also present in the PS all throughout her arrest.
Question:
(1) Should my mother file a case in the court to prosecute the IO and SHO for violating the said section?
or
(2) Should my mother write to Women Commission for inquiry and action against SHO and IO?
Which mode is more effective? We reside in U.P. - (1) or (2) or None
Thanks.
Raj Kumar Makkad
(Expert) 19 September 2011
Your mother should write to National Commission for Women for conducting inquiry and action against SHO and IO for violating this provision. Apex Court has taken such incidents very seriously.
Devajyoti Barman
(Expert) 19 September 2011
If your mother was in custody for more than 24 hours and without the order of the Magistrate then you can also claim for damages from the State as well.
The concerned police officials can also be prosecuted.
Shonee Kapoor
(Expert) 19 September 2011
As I understand your mother was not arrested, only detained for questioning. So the IO would not have shown it in his duty register, do you have any other proof regarding the same arrest,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
498aVictim
(Querist) 19 September 2011
Hello Shonee,
She was arrested and it is also recorded so in the case diary by the IO and she was released by police on bail later in the night.
Regards.
498aVictim
(Querist) 19 September 2011
Hello Raj sir,
Can you please share any judgments from SC that can be cited in the complaint application to Women Commission?
Thank you.
Advocate M.Bhadra
(Expert) 19 September 2011
Lodge a complain to the Women Commission,Human Right Commission and Superior Authority of Police.Then file a Writ Petition in High Court for over action of the Police authority.
prabhakar singh
(Expert) 20 September 2011
(2)is the best course,mother Should write to Women Commission for inquiry and action against SHO and IO.
Shastri J.K.
(Expert) 20 September 2011
I agree with mr.raj kumar makkad
girish shringi
(Expert) 23 September 2011
Mr. Makkad is right in his opinion.
Arun Kumar Bhagat
(Expert) 03 October 2011
In 498A case the Police Officer can not release an arrestee on bail. Are you sure she was arrested for 498A. Was she given mandatory Arrest memo ? Check these details.
498aVictim
(Querist) 03 October 2011
Dear Arun ji,
I was reading Sec 437 of CrPC and I did not come across any restriction imposed to Police to not grant bail to accused in FIR u/s 498-A of IPC.
Is it mentioned else where that 498-A accused cannot be given bail by police? Please point to CrPC Sec or any Judgment.
Thanks.
