498a - mobile location and other evidences
aurora
(Querist) 22 February 2016
This query is : Resolved
Hi Seniors/Friends,
My all family members and I are accused in 498A; charge sheet process is on-the-way. I went to PS twice to meet IO where I was mentally grilled and asked to compromise, my learned lawyer clearly instructed me to ask IO for notice and don't go or let any relative go (IO was asking me to bring all brothers, sisters to PS) without notice. Once I asked IO for notice first, IO started shouting on call and threatened me to issue arrest warrant (although IO has accepted that this case looks complete fake). I'm not worried for arrest as I'm protected for immediate arrest but still have few questions
1.) Wife has charged by Brother-in-law for molestation apart from all other members for beating, torturing and asking dowry; I searched on forum and found FIR can't be changed but more facts can be added. Is molestation also arrest-required IPC like 498A?
2.) There are many loopholes in FIR and many false allegations like 'husband went to wife's home and beat her badly'. Is there any way to secure mobile-tower locations in advance so that all these allegations can be proved wrong? I believe that service providers keep records of mobile-tower locations data for a specific period and there is a risk of losing it once case is discussed in court.
3.) Can girl file domestic violence separately while FIR has only 498 & 406? Also, is domestic violence also arrest-required type IPC like 498 and what if it is levelled after bail is granted for 498?
Please suggest.
Santosh Goswami,Advocate
(Expert) 23 February 2016
Generally, molestation, stalking etc are not covered under 498A. IT IS BASICALLY FOR CRUELTY FOR DOWRY DEMAND.
MOBILE TOWER LOCATION CAN BE HANDY BUT OPERATOR CAN NOT PROVIDE IT WITHOUT THE SANCTION OF COURT OR POLICE.
YES, SHE CAN ALSO FILE COMPLAINT UNDER D.V.ACT BUT THERE IS NO THREAT FOR ARREST IN THAT.ITS SEMI CRIMINAL IN NATUE.
YOUR CASE IS BEST SUITED FOR A QUASH PETITION IN HIGH COURT.
9555462995
Rajendra K Goyal
(Expert) 23 February 2016
Have trust and act on the advise of your lawyer who is well aware of all the facts and the case file. You can try quash of the FIR.
aurora
(Querist) 24 February 2016
Thanks Santosh sir and Rajendra sir.
While asking for notices for my sister's when IO was forcing me to bring them PS for investigation, IO said she can't send notice of Women as per law; so I got this relief finally. However my brother in law got the notice for investigation though he lives in different city and different state.
1./Is this valid sir? Can police summon anyone in different city and state?
2. Notice doesn't have any seam and it's simple three lies that "this this FIT and sections... You are directed to join investigation, else face action as per law". Kindly suggest this is legal notice kind.
3.Should I ask my brother in law to not to go PS but apply for AB becuase it will be mental grilling session in PS like I had?
What's your invaluable suggestions on this Sirs.
aurora
(Querist) 24 February 2016
Sorry for typos sir.
Point 2. Notice doesn't have any seal of station, just signed by IO, no sign of SHO, just three lines this this "FIR name, 498, 406, 4 DP....You are directed to join investigation, else face action as per law". Kindly suggest this is legal notice kind.
