What is the difference to file a case u/s 498A through Police FIR & through file a complaint case into court directly?
Both are having same implications on groom & on his family?
Ashish Jha 21 March 2017
What is the difference to file a case u/s 498A through Police FIR & through file a complaint case into court directly?
Both are having same implications on groom & on his family?
Sachin (N.A) 21 March 2017
If complainaint files complaint in police station, the police will register FIR and accused should file AB
If the complaint file by someone for 498A directly before the court then:
1. The court will record the statement of the complainant
2. Demand a inquiry report from the police u/s 200/202 of Cr.P.C.
3. And after that if the court think fit that there is a prima facie case has made out then issue the summon/notice to all the accused of the case then the case will be start and the accused have to appear before the court on the date fixed by the trial court
In the above case, police will not make any arest since no FIR has been lodged before them and if there is no FIR, there can not be any AB for that,
Ashish Jha 21 March 2017
Thank you Sachin Ji.
In second case when or on which circumstances warrant will be issued to husband and his family members?
Will opposite party get some advantage if statement of complainant and her witnesses had false details in their statement/oath paper?
Sachin (N.A) 21 March 2017
Originally posted by : Ashish Jha | ||
Thank you Sachin Ji. when or on which circumstances warrant will be issued to husband and his family members? When respondent doesn't personally appear in court
Yes, but how much advantage will he get depends upon his or his lawyer's presence of mind. |
Ashish Jha 21 March 2017
Thanks once again Sachin Ji
SOLOMON.RAJ (advocate/director) 10 May 2017
Dear Ashish ,
Whatever was stated by Sahin is the right procedure and in addition of what sachin stated, the court when it recieves a petition of private complaint under sections 190 & 200 of the criminal procedure code may take cognizance of the said case or MAY ALSO DIRECT THE CONCERNED POLICE TO ENQUIRE INTO THE MATTER AND REGISTER A CASE AGAINST SUCH ACCUSED, AND UPON INVESTIGATION IF THE POLICE FINDS THAT THE CONTENTS OF THE PRIVATE COMPLAINT ARE TRUE AND THAT IF PRIMA FACIE CASE IS MADE AGAINST THE ACCUSED AND THEIR FAMILY THE POLICE WILL REGISTER AN FIR AND THERE BY THE ACCUSED CAN STILL GO FOR ANTICIPATORY BAIL IF NOT ARRESTED AFTER THE REGISTERING OF THE CASE.
Brisk 01 June 2018
Can the Case still proceed if the police has not taken any statement from the accused (Husband) in 498a?