Quash of 498a
Sundram N
(Querist) 06 November 2012
This query is : Resolved
Dear freinds,
kindly suggest that wife filed case u/s 498a including 323, 3&4 of dowery act. family mambers got bail. husband's anticipatory bail is under hearing of session judge in back 4months.
The allegations are all cooked and framed absolutelly false and husband has all the proof.
investigation officer filed diary in two times but chargesheet not filed yet.
in the above circumstances, quash petition can be filed before the high court as the charge sheet not filed by IO and bail is not granted to husband till now.
please advice what strategy to be followed as the IO is saying that husband has to present before him than chargesheet will be filed. if husband present before IO than husband will be arrested.
please advice what to do ?
Devajyoti Barman
(Expert) 06 November 2012
For filing charge sheet the husband need not be interrogated.
The police is playing prank.
Apply before the Magistrate for direction upon the Police to submit charge sheet asap.
Though quashing can be filed challenging the FIR itself, it is better to wait till submission of charge sheet or apply for AB for the husband.
Sundram N
(Querist) 06 November 2012
Dear Friends,
Anticipatory bail is already filed and pending before the session judge from the last of 4 months.
Sundram N
(Querist) 06 November 2012
Dear debjyoti,
As you have mentioned that to file quash or anticipatory bail of husband. so i am confused that the anticipatory bail is pending before session judge in such time quash can be filed. further, i have to take your valuable suggestion that, IO can file chargesheet without interrogation of husband than megiastrate can give instruction to file charge sheet without asking anythings with husband as the bail is peding now.
please suggest.
Sundram N
(Querist) 06 November 2012
further, iwant to add that, IO is saying that the husband is to be issued notice to present before police station if husband is not present that abscounded chargesheet will be filed.
kindly suggest what to do.
