Allahbad high court guidelines-
Procedure to be followed by the police when a report of a cognizable offence
under section 498A IPC or allied provisions is reported
The report regarding commission of cognizable offence under section 498A IPC or
other allied sections may be lodged at the concerned police station where the
incident takes place or at the ‘Mahila Thana’ especially created in the district
for investigation of such cases. The police officer concerned will get the
aggrieved woman medically examined for injuries if the same are present. If the
report has been lodged at some police station other than the Mahila Thana, the
injury report and relevant police papers shall be forwarded to the Mahila Thana
for investigation of the case, and in appropriate cases the investigating police
officer at the Mahila Thana may refer the matter to the mediation centre in the
Civil Court, and direct the complainant to be present at the mediation centre on
a fixed date 7 to 10 days thereafter. The accused should as far as possible also
be personally given notice to appear before the mediation centre on the date
fixed. We would also like the presence of trained social workers (especially
female) or legal aid panel lawyers to be present at the Mahila Thana for
counselling the aggrieved woman and her family members for first trying to solve
their dispute by mediation, when the case is registered at the mahila thana. The
notice to the husband and other family members should mention that in cases the
husband or the family members of the aggrieved wife fail to appear on the date
fixed or on future dates, as directed by the Mediation Centre or fail to comply
with any condition that may be imposed by the police officer or Mediation
Centre, steps shall be taken for arresting the accused. The accused husband or
other in-laws should be directed to report before the police officer on a date
two months after the date of first appearance before the Mediation Centre and
inform the Police Officer about the progress in the mediation. The in-charge of
the mediation proceeding may also direct the husband or other family members to
appear before the Police Officer at an earlier date fixed in case mediation has
failed or it has been successfully concluded and the parties concerned shall
appear before the Police Officer on the said date. It would also be open to the
complainant wife to inform the police officer about the progress (or lack of it)
of the mediation process. The notice should also clarify that in case mediation
is pronounced as unsuccessful at an earlier date, and information is given by
either party or the Mediation centre to the Police Officer, he may require the
presence of the accused husband or his relations at an earlier date. If
mediation has been successfully concluded, it will be open to the Police Officer
to submit a final report in the matter. In cases, where it has not been
successfully concluded and the Police Officer is of the view that arrest may not
be necessary in a particular case, he may direct the accused persons to obtain
bail from the Competent Court. In case, he is of the opinion that the arrest is
necessitated at a subsequent stage, it will be open to the Police Officer to
take such accused persons in custody. He should of course record his reason for
making the said arrest as provided under section 41 (1) (b) (ii).
regards--
rahul.gogreen@gmail.com
