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Dino Mackenzy (Delivery Head)     17 October 2013

498a and section 156(3) cr.p.c (criminal law)

Hi All,

I am fighting against false cases filed by my wife under 498a and several other IPCs.

I am having one technical/legal doubt which I wish to get cleared ASAP. Initially my wife has filed a private complaint in a district court under CrPC section156 (3) with IPC 498a and others in month of November, 2012. I was not aware of such a fact as matter was at counseling stage at Women’s Cell and hence I thought wife cannot do like this.

After couple of months my wife reached to a Police Station located at her parent's house vicinity to file FIR under IPC498a, DPA ¾ and others. IO without doing any investigation immediately acted upon complaint registered by wife and arrested accused mentioned as per FIR. In addition in the checklist of documents which he submitted along with FIR at the Court he has not mentioned about report of Women’s Cell counseling either.

I am wondering if it is legally possible for IO to do immediate arrest in above scenario or there is a mistake by IO. Also, the case belongs to Maharashtra state where counseling report plays important role while registering FIR.

Your thoughts appreciated.

 

Kind Regards,

 

 



Learning

 7 Replies

Dino Mackenzy (Delivery Head)     17 October 2013

Forgot to mention that FIR lodged by wife is now associated with same case which she filed under CrPC 156(3).

adv. rajeev ( rajoo ) (practicing advocate)     18 October 2013

498A is non bailable offence but triable by magistrate.  Police can arrest.  FIR can be challenged in the high court.

Dino Mackenzy (Delivery Head)     18 October 2013

Thanks. Are you suggesting quashing of FIR using Section 482?

T. Kalaiselvan, Advocate (Advocate)     18 October 2013

The police can manage any record to justify their acts hence it is no surprise that acting at behest of the consideration they received from your wife side, they have immediately arrested your people without even a formal inquiry about the veracity of the complaint.  Now you can prove your contention before the court alone and for that collect the evidences available with women cell.  I think you can convince your lawyer to take up the issue very strongly  on the same lines. 

Dino Mackenzy (Delivery Head)     18 October 2013

Great Suggestion. Thanks for that. I am already in process of getting all documents from Women's cell y using RTI. I would be more than happy by contributing towards society by a medium of my cases, I will ensure the corrupted COP will not sleep peacefully for next few nights or so J….Cheers…!

Girish (Senior Manager Operations)     18 October 2013

Mr. Dinesh, Maharashtra Police are useless as their leader 'Home Minister' is useless.  In my case I filed complaints first at Police Station, ACP, DCP, Addl.CP, Commissioner Mumbai & Thane, Home Minister & Chief Minister but all in vain.

My wife gave statement to the police couple of times that she never stayed at my parents house BUT still with all the false allegations she filed FIR & Police accepted the FIR.

I took help from Local MP & went to Addl. Commissioner then he sent a letter to DCP to investigate the matter & then only arrest the parents & relatives. To be on the safer side I smart-out the police (foolish officers) & applied immediately for Anticipatory Bail. Due to the Facts Sessions Court was more than happy to grant me & my family Anticipatory Bail.

Being clever, I have recorded all the threats passed by my wife & in-laws & money demanded & records of money provided to them. Due to this my cases are strong.

Maharashtra Home Minister is a useless fellow. When I met him & told that Police are not taking cognizance even after filing 5 N.C Complaints. He said "Arjavarun N.C. cha ghenar na...Anakhi kay karnar baba?..." USELESS FELLOW!!!! (Translation - Based on Application police can only take NC Complaints... what else are you expecting...) PIECE OF SHIT!!!

Dinesh, my friend please file several RTI Applications with ACP & see the magic. They have to answer every application ELSE you can appeal to DCP, Addl. CP, CP & GDP. 

Dino Mackenzy (Delivery Head)     19 October 2013

Hi Girish – Appreciated your response and thoughts. Yes I have similar experience with Maharashtra Police. When my loving wife and in laws started threating me I have submitted complaint to Police however nothing has happened against those money hungry people till the date.  I already have filed number of RTIs to get as much possible information from Police and equivalent authorities.

We need to not only put all our best in order to get out of these difficult situations safely but also ensure that we will try our best to work towards amendment in this legal terrorism 498a in order protect innocent people in future.

This is a war, we must win it and at least for me it is 4th WORLD WAR and battle will continue till my last breath.

All the best to you and have a happy fighting against 498a gangs!  Cheers :) !


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