(Guest)

Please help.

ravindra (Analyst) 17 January 2012

Hi NGU,

Just got from Google plz find link which is vary usfule.

https://498afaq.blogspot.com/2009/07/what-after-chargesheet-final-report-by.html

thanks

ravindra sonavane

What is the 498a trial sequence (step by step)?

This sequence is applicable to all kinds of trials. But I am referring as sample for 498A trial as people here are concerned with this. This is 'Police Warrant' case i.e. instituted on police complaint (complaint given by 'Informant' i.e. wife in this case)

1] F.I.R.

2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.'s permission is required for arrest.

3] Bail. Police asks for 'Police Custody' (called 'PC') for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for 'Judicial Custody' (called 'JC').

Then accused apply for 'bail', say from 'police prosecutor' (called 'pp') and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is

given). Important fact is that 'bail' is always granted from 'JC' AND NOT FROM 'PC'. The process in legal fraternity is called breaking 'PC' to 'JC'.

4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time - no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.

5] At the time of receiving chargesheet which is given free of cost to 'each' accused by 'pp' in court, sometime court asks accused whether they are guilty, normally accused say - not guilty. Check the charge sheet - it is also called 'Final Report' - there should be a table showing list of witnesses and documents - many times it is not given, tell court for any discrepancy in it.

6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).

7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.

8] Then First witness - wife - PW1 - PP asks question to her based on her complaint to take FIR on court record. Then accused's counsel cross examine her.

9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).

(This stage must be completed for 'malicious prosecution/perjury/falsity etc upon oath '- damages under civil suit can be had for limit Rs.50,000.)

10] Then I/O's examination-in-chief by PP and cross by accused's advocate (counsel).

11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused's advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).

12] Then accused are examined by magistrate u/s313 Cr.P.C. (Many people even advocates do not know special characteristic features of S.313 of Cr.P.C. which I am giving below for legal knowledge of members :S.313 of Cr.P.C. is the examination of the accused by the court. This takes place after the prosecution closes its case.

* The Examination of the accused is NOT ON OATH.

* Neither the prosecution lawyer (the prosecutor - APP/PP/Watch advocate) can cross examine an accused.

* The essence of examination of the accused by the Court is that the Court gives opportunity to the accused to explain circumstances appearing in evidence against him.

* THE ACCUSED CANNOT BE CONVICTED FOR GIVING FALSE ANSWERS TO THE COURT QUESTIONS, EVEN IF THE ANSWERS GIVEN TO THE COURT ARE PROVED TO BE FALSE. But it could affect credibilty of the accused.)

13] Then PP gives argument, then accused's advocate gives atgument.

14] Enjoy - Now order - acquited (in case of acquital).

15] Detailed written order is given after few days.

1 Like

(Guest)

Thanks Ravindra !!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 January 2012

Rightly explained.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

rani jain (others) 17 January 2015

How many years it takes from step1 to step15.If 498a husband is abroad. Will this summons affect him/his passport

rani jain (others) 17 January 2015

How many years it takes from step1 to step15.If 498a husband is abroad. Will this summons affect him/his passport

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 18 January 2015

This so called explanation is missing the very important stage of defence evidence. This is an incomplete and incorrect formulation and suffers from at least 5 -6 technical drawbacks which are not being discussed by me for the sake of brevity.

As such defence evidence is very essential in cases u/s 498-A as the accused has the golden opportunity to call on record his own witnesses which in most cases are his own family members( if they are not co accused). Pluss the accused can also examine himself as a witness which is very very important in 498A cases. The best way to secure an acquittal in family crime matters is to examine yourself as a witness so that allthe issues which have been alleged can be rebutted properly.

Nitish Banka (lawyer) 24 April 2018

Image result for 498a

Nitish Banka (lawyer) 24 April 2018

What to do when Police calls you in 498a cases

Posted by: Nitish Banka Categories: Criminal Law

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What to do when IO calls in 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Image result for 498a

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…

https://www.livelaw.in/delhi-hc-lays-procedure-issuance-notice-appearance-police-officers-u-s-41a-cr-p-c-read-judgment/

What after bail and statement in 498a

9 Replies

Hi NGU,

What is the 498a trial sequence (step by step)?

What to do when Police calls you in 498a cases

What to do when IO calls in 498a cases

Reasons for harrasment

How to deal with police harassment.

Anticipatory bail in 498a

The process of getting Anticipatory Bail in 498a

Judgement on 41A by Delhi High Court

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