Siva 03 October 2018

498a - Took to police station without notice

One day, police came to my house. They told that my wife filed a complaint against me and I am needed for some investigation/clarification. They also told that there is nothing to be worried, there is no case. She filed a complaint and we want to hear your version and discuss things. They took me to police station in the car they came in. After going to police station, I was informed that my wife filed an FIR against me and a case is registered. Case is 498a. SI gave me a notice which says about the case and the date I need to go to police station. It also says that, I should not cross my district boarders until investigation is over. They took my signature that notice has been received. After that my relative came gave me Jameen. Until then I was sitting in police station only. Is this right process for 498a? Can they come and take me to police station without prior notice? Can they ask me to sit in police station only until someone gives me Jameen? Can they ask me not to cross district boarders for this case? I work at Bangalore but, I am not able to go to my work now.

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6 Replies

Siva 03 October 2018

I am also asked to go to police station and sign everyday. Is this also correct?

honest 03 October 2018

You need consult the lawyer and file for anticipatory bail for you and other family members. After filing the antificpatory bail police kept quite, there was no FIR at all in our situation. Police just threatened my father.

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Also remember, police can not arrest you. Supreme court has provided guidelines asking police to give the 41 notices (station bail). You do not need to worry. Hire a good lawyer. Nothing will happen do not worry. Filing for the anticipatory bail is very important, because police will play games even without FIR to create the fear and get their bribe in thousands or lacs. You do not even go for compromise in the police station. Police will trap you saying get the compromise, but you need to stick to your ground and tell them you will fight the case in the court.

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All the best.

Siva 05 October 2018

They are very powerful people in my region. I am afraid to hire a lawyer also, as I am not sure if they already know them.

Is it possible to hire a lawyer online and get help?

honest 07 October 2018

Do not care how powerful they are. Online lawyer is not for your situation. You need the local lawyer to fight the cases in the court. Good lawyers do not care for the social status of the opposition party.

combattant (IT) 21 October 2018

Hi Siva,

I am also in similar situation. Got a notice from Police, but not any FIR (yet). I am not feeling safe to go to police without AB. Would you like to advice something to me based on your experience with police. Should I appear before them without the AB or should I try to postpone the date?

honest 23 October 2018

Hi,

1) Have your own lawyer. Also take your lawyer to the police station along with you when you go..

2) Police can not arrest you because supreme court ordered not to arrest any one in 498a case.

3) First you need to ask for the summons from the police if ask you to come for investiagtion.

4) Without summons do not go to the police station. Just tell to the police that you do want to attend for any investgation without any summons.

5) If you get summons and if you go to police station for investation, you won't need anticipatry bail. Becasue police should provide the crpc 41 notices (station bail) after the investigation.

6) you need to be confident with police , do not get scared.

All the best.