Help in 498a

You will be getting a summon from the concerned court to appear before it for the case, then you engage a lawyer and challenge the case.  About RTI, please furnish the details of the case so that you will get a proper opinion in that regard.

Hi Satinder, You can also appear suo moto in court and get the copies of charge sheet if u want to start the trial asap.

T. Kalaiselvan, Sir , I have RPAD to Police station many details in form of documents after my arrest to help them in proper investigation but in chargesheet neither they included my statement which they took after my arrest nor they included those documents.

All the investigation is done after my arrest, no document suggests they did any investigation before my arrest.

Nor they followed Maharasthra ministry guidelined for pre-arrest 498a cases. They did not sent us to Councelling , just direct arrest.

Can u suggest should i file RTI in this respect and also any specific questions i should ask to make case strong.

Dear Satinder

you should wait till receive the summon but if you want to file quashing then you can file application for certified copies of the same.

Copies of charge sheet and other papers can be obtained  on payment of prescribed fee from the court

nothing more to add

Can any of you please tell me

What are the provisions to go for quashing in High court in general

What are the things High court are looking for in a petition in general to quash it

Can any of you please tell me

What are the provisions to go for quashing in High court in general in case of 498a, 406 and 34

What are the things High court are looking for in a petition in general to quash it

Do all of the above sections get quashed at once or one by one depending upon proceedings of a case

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 773 OF 2003

Though the scope for interference while exercising jurisdiction under

Sec.482 Cr.P.C. is limited, but it can be made in cases as spelt out in the case of

Bhajan Lal. The illustrative examples laid down therein are as follows:

-4-

1 Where the allegations made in the first information report or the

complaint, even if they are taken at their face value and accepted in

their entirety do not prima facie constitute any offence or make out a

case against the accused.

2 Where the allegations in the first information report and other

materials, if any, accompanying the FIR do not disclose a cognizable

offence, justifying an investigation by police officers under Sec.156(1)

of the Code except under an order of a Magistrate within the purview

of Sec.155(2) of the Code.

3 Where the uncontroverted allegations made in the FIR or

complaint and the evidence collected in support of the same do not

disclose the commission of any offence and make out a case against the

accused.

4 Where, the allegations in the FIR do not constitute a cognizable

offence but constitute only a non-cognizable offence, no investigation is

permitted by a police officer without an order of a Magistrate as

contemplated under Sec. 155 (2) of the Code.

-5-

1 Where the allegations made in the FIR or complaint are so absurd

and inherently improbable on the basis of which no prudent person can

ever reach a just conclusion that there is sufficient ground for

proceeding against the accused.

2 Where there is an express legal bar engrafted in any of the

provisions of the Code or the concerned Act (under which a criminal

proceeding is instituted) to the institution and continuance of the

proceedings and/or where there is a specific provision in the Code or

the concerned Act, providing efficacious redress for the grievance of

the aggrieved party.

3 Where a criminal proceeding is manifestly attended with mala fide

and/or where the proceeding is maliciously instituted with an ulterior

motive for wreaking vengeance on the accused and with a view to spite

him due to private and personal grudge.”

Expecting 498a, My FIL can file either in MP or in MH.

Please help is there any web site where we can get to know if 498a is filled against.

and will this work for both MP/MH.

I got below link but not working

https://delhipolice.serverpeople.com/firweb/Index.aspx?SubMenuId=2