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ravindra (Analyst)     15 October 2011

False 498a

Hi All

I want to take action against IO for registering false 498A. When he arrested me and my family he told me that there is a letter to arrest me from maharashtra home ministry. when i gave bail to all my family i asked tht letter to him but now he says me that there is no letter but a phone call from home ministry to arrest me and my family. i recorded that statement. I also asked to SR PI he also told me the same. I have both recordings. Kindly suggest me how should i take action against PSI and SR PI.

 

Thanks

Ravindra Sonavane



Learning

 5 Replies

Sanjeev (Lawyer)     15 October 2011

when 498A FIR is registered the accused can be arrested no warrants or letter is needed to arrest. The arrest is as per law no action can be taken against the IO.

ravindra (Analyst)     15 October 2011

Hi Sanjeev thanks

but in maharashtra, govt has said go slow in 498A. As per circuler in Dec 2006 issued by Maharashtra govt police have to council first both the parties and if they find really problem then they have to arrest.\\

thanks

ravindra sonavane

Advocate M.Bhadra   15 October 2011

Get a copy of FIR from the Police Station or from the Court ,If are you now released on bail and you might have inocent it is a false and faqbricated case, then you can file a quashing petition u/sec.482 Cr.P.C. in High Court,But merit of  this application is rare case in High Court, you may also file a writ pettion in High Court  for over action of  police authority on residuary ground,failing which you have to face the trial.

ravindra (Analyst)     15 October 2011

Hi thanks Minansu,

But my question is if suppose on this ground my case gets quash thn can i get divorce.

or for quash how many days it will take. I met one of Sr Lawyer he told me it will take at least 10 Yr to quash plz help me.

 

thanks

ravindra sonavane

 

Sanjeev (Lawyer)     15 October 2011

Arrest is not a ground to get the case Quashed.

The 10 year period that the Se Lawyer would have told you would not be for Quash but for trial. These cases dont get quashed unless compromised. HC dont have any grounds for Quash so dont go for Quashing. Face the trial.


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