498 A ,SECTION OF INDIAN PENAL CODE ,STEPS FOR PREVENTING ARREST
Guest
(Querist) 05 January 2011
This query is : Resolved
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.nandkumarbs@sify.com
e.mail.advocatesawantnb@yahoo.com
498A, SECTION OF INDIAN PENAL CODE AND STEPS TO BE TAKEN TO PREVENT ARREST.
KINDLY NOTE THAT.
1.I AM A PRACTICING ADVOCATE AND HAVE SUCCESSFULY TACKLED SEVERAL FALSE CASES OF SEC.498A AND HELPED SEVERAL INNOCENT FAMILY MEMBERS INCLUDING OLD FATHER,MOTHER,MARRIED AND UNMARRIED BROTHERS AND SISTERS AND ALSO THEIR OTHER RELATIVES INCLUDING BROTHER IN LAW AND SISTER IN LAW OF HUSBAND.
2.KINDLY NOTE THAT I HAVE ALSO APPEARED IN SEVERAL GENUINE COMPLAINT CASES OF SEC.498A WHICH RESULTED IN SUCIDE OF VICTIM THE MARRIED WIFE OF ACCUSED.
3.THIS PARTICULAR SECTION 498A WAS ADDED BY AMMENDMENT TO THE INDIAN PENAL CODE .THE INTENTION WAS GOOD.TO PROTECT MARRED WOMAN FROM HARASSMENT FOR DOWRY.
4.BUT THE SAID SECTION 498A IS GREATLY MISUSED BY THE COMPLAINENT JUST TO TAKE UNDUE ADVANTAGE OF LAW PROVISIONS .IT CAN BE NOTICED FROM THE SEVERAL JUDGEMENTS OF THE COURTS.
5.KINDLY NOTE THAT A SIMPLE COMPLAINT GIVEN TO TAKE REVENGE OF SOME DISPUTE WITH TH HUSBAND ,BY WIFE AGAINST HUSBAND AND HIS ALL RELATIVES IN THE POLICE STATION IS SUFFICIENT FOR EAGERLY WAITING POLICE DEPARTMENT ENTHUSISTIC OFFICERS TO ARREST THE ENTIRE FAMILY OF THE HUSBAND.EVEN MARRIED AND UNMARRIED SISTERS AND SISTERS IN LAW OF HUSBAND OF COMPLAINENT(BROTHERS WIFE),(AND BROTHER IN LAW (SISTERS HUSBAND)
OLD SICK FATHER AND OLD SICK MOTHER AND ALSO GRAND PARENTS ALL WILL BE ARRESTED AND DUMPED IN THE JAIL JUST LIKE TEAM INDIA OF CRICKET TEAM.EVEN PREVIOUS CLEAN TRACK RECORD OF SAID FAMILY MEMBERS IS NOT TAKEN IN TO CONSIDERATION BY INVESTIGATING AUTHORITIES.ALL ARE HARASSED PHYSICALY ,MENTALY AND FINANCIALY.IRREPAIRABLE LOSS WILL BE CAUSED TO THE ENTIRE FAMILY FOR HELPING THE BOY GET MARRIED WITH THE SAID LADY.
6.THIS UNFORTUNATE INCIDENT HAS TAKEN PLACE IN CASE OF SEVERAL FAMILIES, IT WAS NOTICED BY EVEN LAW MAKING AUTHORITIES AND SUGGESTIONS WERE INVITED FOR IMPROVEMENT AND AMMENDMENTS.IMPARTIAL REVIEW OF SAID LAW PROVISIONS OF SECTION 498A IS NECESSARY.
7KINDLY NOTE THAT IT DOES NOT MEAN THAT THE SAID PROVISION IS TOTALY BAD,THE REAL ACCUSED SHOULD BE PUNISHED.BUT NO SINGLE INNOCENT PERSON SHOULD BE PUNISHED.
IT SHOULD BE MADE NONCOGNIZABLE OFFENCE AND COMPLAINT SHOULD BE FILED IN COURT AND PROPER HEARING SHOULD BE GIVEN TO THE CONCERNED ACCUSED AND THE SAID COMPLAINT SHOULD BE HANDLED BY SENIOR OFFICERS OF THE RANK OF DY.SUPDT OF POLICE AND THE MATTER BE REPORTED BACK TO THE COURT AND LET THE COURT DECIDE ON THE BASIS OF REPORT AND STATEMENT OF WITNESSES WHETHER THE PROCESS UNDER SAID SECTION OF 498A SHOULD BE ISSUED AND CRIME BE REGISTERED OR NOT AND THE ARREST OF SAID PERSON IS NECESSARY IN THE SAID CASE.
8 KINDLY NOTE THAT
THIS IS THE REGULAR PROVISION OF SEC.200 TO SEC.204 AND OTHER SECTIONS OF CRIMINAL PROCEDURE CODE AND ALSO CLEARLY MENTIONED IN SECTION 156 OF CRIMINAL PROCEDURE CODE.
OF COURSE THERE CAN BE SEVERAL OPENIONS FOR AND AGAINST THE SAID PROVISION OF SECTION 498A OF INDIAN PENAL CODE.LET THE EXPERTS CONSIDER AND DECIDE THE RIGHT CHOICE.
9 KINDLY NOTE THAT THE STEPS TO BE TAKEN FOR PREVENTING ARREST OF INNOCENT PERSONS IN COMPLAINT UNDER SECTION 498A OF I.P.C.ARE AS UNDER.
A.THE SAID PERSONS AND FAMILY MEMBERS WHO ARE NAMED AS ACCUSED SHOULD IMMEDIATELY APPLY FOR ANTICIPATORY BAIL TO THE DIST AND SESSIONS COURT/ HIGH COURT WITH THE HELP OF LEGAL EXPERTS AS POLICE MAY ARREST ALL FAMILY MEMBERS BY CALLING THEM FOR RECORDING THEIR STATEMENTS.
B.KINDLY NOTE THAT TILL THE ANTICIPATORY BAIL APPLICATION IS GRANTED BY THE SAID COURT ALL SUCH PERSONS NAMED IN COMPLAINT SHOULD SHIFT FROM THE RESIDENTIAL ADDRESS TO SOME OTHER PLACE AS POLICE MAY ARREST THEM THE MOMENT THE COMPLAINT IS FILED.
C.GRANTING OF ANTICIPATORY BAIL BY SESSIONS COURT/ HIGH COURT AND FURNISHING SURETY COCUMENTS TO THE POLICE STATION AS PER SAID ANTICIPATORY BAIL ORDER WILL SAFEGUARD SUCH PERSONS FROM ARREST.
D.LET COURT DECIDE THE FACTS ON THE BASIS OF STATEMENT OF WITNESSES AND EVIDENCE PLACED ON RECORD.OF COURSE COURT WILL ACQUIT INNOCENT PERSONS AND PUNISH THE GUILTY.HENCE NO INJUSTICE IS CAUSED TO THE COMPLAINENT.
E.THE INNOCENT ACCUSED PERSONS CAN FILE A WRIT PETITION TO THE HIGH COURT FOR STAY AND QUASHING THE FALSE COMPLAINT FILED AGAINST THEM UNDER SAID PROVISIONS.HIGH COURT WILL HEAR THE PETITIONERS AND CALL SAY OF STATE AND WILL DECIDE THE MATTER.INNOCENT PERSONS WHO ARE FALSELY IMPLICATED IN SAID COMPLAINT CAN BE ACQUITED BY HIGH COURT BY QUASHING THE SAID FALSE COMPLAINT AGAINST SUCH INNOCENT ACCUSED PERSONS.
IT IS SUGGESTED THAT IN CASE OF ANY DISPUTE BETWEEN HUSBAND AND WIFE ,THE CONCERNED SHOULD DISCUSS THE MATTER AND TRY TO SORT OUT DIFFERENCES IF ANY AND TRY TO SAVE THE MARRIED LIFE AND ALSO TRY TO SAVE FUTURE OF INNOCENT CHILDREN OF THE SAID FAMILY WHO HAVE TO SUFFER MENTAL TORTURE THROUGHOUT THEIR FUTURE LIFE.
GOOD LUCK.
KINDLY NOTE THAT ON THE BASIS OF EXPERIENCE THESE ARE JUST SUGGESTIONS FOR THE KNOWLEDGE AND INFORMATION OF ALL CONCERNED TO SAVE THEIR MARRIED LIFE.
KINDLY NOTE AND GIVE SUGGESTIONS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.WISH YOU ALL A VERY HAPPY AND PROSPEROUS NEW YEAR.GOOD LUCK.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.nandkumarbs@sify.com
e.mail.advocatesawantnb@yahoo.com
Amit Minocha
(Expert) 06 January 2011
in a recent case of quashing 498A IPC Delhi High Court advised to register case under the 'Dowry Prohibition Act' against the parents of complainant as well since giving of dowry is also a crime.
