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,