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FightForCause (Businessman)     06 April 2015

Is police at fault - 498a/406

Hi Experts,

wife filed complaint and police register FIR under 498a , 406 and 323 , 506 etc.

Wife lives at Place X and filed complaint at Police Station X.

Husbands lives 20 km away from Place X , Say Place Y.

Police arrests husband and also search his locker and house both at place Y. 

Do the IO not flouted Crpc 165?

  1. Whenever an officer in charge of police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.
  2. A police officer proceeding under Sub-Section (1), shall, if practicable, conduct the search in person.

IO never took permission from any senior to search area beyond his Jursidiction. Just bundled Husband from his office, then moves to place Y for Locker opening and also reaches house to search house.

Was Io correct in his search mechanism?

 

Kindly guide what action I can take against these bribed souls.



Learning

 8 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

Criminal intimidation,breach of trust, but what has 323 to do right now, totally blind filing by the police.They can search his house for the accussed but they cannot touch his locker, which has nothing to do with the complaint. And moreover when the acussed was arrested.Totally illegal on the part of the IO,hence can be complained with the higher authorities.

FightForCause (Businessman)     07 April 2015

Thanks Sainath Ji,

But my question still remains unanswered.

Was the IO correct in leaving his Police Station Jurisdiction and search my house and locker?

IO should have informed the local Police station of Husband place and then should have carried out the search?

Also IO is of rank of PSI that too on Probabtion....is he allowed to lead search ?

 

Can i file RTI to his PS and get details who authorized him to carry search and did he took help of local PS?

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

Gentleman,

Forget taking action against the IO and concentrate on the case.Don't get deviated orelse U land ourself in further trouble.Now comming to the case what is the present status?

FightForCause (Businessman)     07 April 2015

Ok Sir, will follow your advise.

Matter is at Cross of wife and other witnesses.

Wife not coming to court, so in last hearing issued Bailable warrant against her and her parents.

IO I heard now transferred....so who will come as IO witness now I am confused.

Sir wife in her petition said Husband has taken all Jwelery and also bills of them, which is false.

She has now put a huge list with increasing the weight of all ornaments to double and also some of the items in list never existed.

Now as she has claimed I have all bills, will the onus lies on me to prove i dont have any Jewelry ? or she needs to prove? She tells i have all the bills so she cannot bring bills too....

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

Her contention that U are in possession of all the bills of the articles have no bearing.She has to prove herself. Has the warrant been executed?

FightForCause (Businessman)     07 April 2015

Sir ,

Thanks for your prompt replies.

Court clerk has said he has issued warrants, next stage i am unaware as my office is now quite far from the court. My Lawyer informed he will get details in 1-2 days.

 

What is the procedure my wife has to follow when she gets Bailable warrant?

SAINATH DEVALLA (LEGAL CONSULTANT)     07 April 2015

She has to appear in person and get the warrant recalled.It is the discretion of the judge to recall the warrant issued, if he feels  that the absence is intentional he may not agree,

Dino Mackenzy (Delivery Head)     07 April 2015

FightForCause: I personally believe that you should not leave corrupted dogs so called Police so easily. File RTI, get required documents and use those in your 498a matter to show Collision between corrupted dogs and 498a gang. You can also think of filing complaint to superior police authorities to start inquiry against him for misusing his power. I did the same in past and it helped me very well. If you leave corrupted people as they are, be ready for another conspiracy against you because they will get a boost from their past experience and will not hesitate to harass you further for their own benefits.  


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