Dhanasekar (Advocate) 21 September 2013

Arrest u/s 498a

Dear Experts,

Early Morning at 5.20 am Police has arrested entire family without any warrant.n as I said by around 3'O clock the Judicial Magistrate had remanded them based on the complaint received. Here, Police has filled up FIR around 1'O clock. but in the FIR they have mentioned that the complainant has came to PS and given the complaint at 8.30am. There is no investigation or no prior notice to the family. Here, No death or grave injurious or fights. the wife mentioned that only demand of dowry. but the family had spent 15 days in jail. the wife side had filed intervene petition that if they came out jail they would flew to abroad. Based on that JM has refused the bail application thrice.

Is there any rule for the arrest and refusal of bail applications.

Due to the corruption , that family has suffered a lot. Is there any remedy for them.

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Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney) 21 September 2013

If JM has refused, you can go in appeal before the Higher Court and even file a writ to quash the proceedings before the High Court, you can also complaint to the Superintendent of Police for malpractices and harassment by the police, as there is a clear direction that, it is mandatory to conduct inquiry in any 498A complaint prior to any arrest.

T. Kalaiselvan, Advocate (Advocate) 21 September 2013

Dear Danasekar,

Advocate Vandana is right stating that it is mandatory to conduct an inquiry before arresting the accused u/s 498A, but some police people to express their gratitude over the consideration (graft) received, act out of law and legalise the formalities subsequently, even the judges know this but they are tight lipped because they see only papers and are reluctant to go beyond and apply their mind in such cases. An application before high court for grant of bail based on the dismissal order from the lower court will solve your problems, because as a right, the accused are entitled to bail

NRI Legal Consulting (Consultant) 21 September 2013

Dear

(a)(i) No case under Section 498-A/406 IPC should be registered without the prior approval of DCP/Addl. DCP.

(ii) Arrest of main accused should be made only after thorough investigation has been conducted and with the prior approval of the ACP/DCP.

(iii) Arrest of the collateral accused such as father-in-law, mother- in-law, brother-in-law or sister-in-law etc should only be made after prior approval of DCP on file.

(b) Police should also depute a well trained and a well behaved staff in all the crime against women cells especially the lady officers, all well equipped with the abilities of perseverance, persuasion, patience and forbearance.

(d) The endeavor of the Police should be to scrutinize complaints very carefully and then register FIR.

(e) The FIR should be registered only against those persons against whom there are strong allegations of causing any kind of physical or mental cruelty as well as breach of trust.

(f) All possible efforts should be made, before recommending registration of any FIR, for reconciliation and in case it is found that there is no possibility of settlement, then necessary steps in the first instance be taken to ensure return of stridhan and dowry articles etc. by the accused party to the complainant.

For more query contact us query@nrilegalconsulting.com

(Guest)

@Author,

As per your query the act of Policemen is anti-constitutional . You can book them via article 226 which says that HC has power to restrain police officers from his malafide duty.

You can even book them by U/s 330 IPC on the ground of forcefuly extorting out the confession.

I can't believe as per your query that this incidence has happened,I can sense that you are a Law student presuming the case to be answered in the pretext of moot court....Because your query doesn't stand in any statement.

As no 498a/406 can be arrested without any warrant,without any investigation,without any lady police, to arrest of ladies member before sunrise and after sunset is prohibited.

So, My sincere advice read constitutional law with women law ,crime against women and U/ s of IPC for such offences.

regards,

A sufferer..

Dhanasekar (Advocate) 24 September 2013

Dear Experts, Thank you very much indeed for your valuable time and comments on the same.

Ganesha Nam (SE) 14 October 2013

Hi, im from Karnataka i read about the above from the "Law Commission of India Report 243".

Do you have any links from where i can get the details as listed below for "Karnataka" too? Please advise as i need this information very urgently.

(a)(i) No case under Section 498-A/406 IPC should be registered without the prior approval of DCP/Addl. DCP.

I found a TOI article but is there any way to get the guidelines as per law?

https://articles.timesofindia.indiatimes.com/2012-07-11/bangalore/32631538_1_dowry-harassment-police-stations-police-officer

Arrest u/s 498a

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