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Preeti K   25 May 2020

FIR against husband

it was done in feb. no action taken by police tull date. what should i do. irrespective of this lockdown. husband in diffferent state but fir was done one month before lockdown.. all the transfer procedure is done


Learning

 10 Replies

KS Johal   25 May 2020

You need to check with the local Police what they have done.
From your question it is not evident what the crime is.

Preeti K   26 May 2020

Physical violence by him in his house in different state. . The FIR has been transferred to location where i stay.

Dr J C Vashista (Advocate)     26 May 2020

Submit an application to Trial Court for status of FIR. 

What are the contents of FIR / allegations levelled against your husband in the complaint ?

 

P. Venu (Advocate)     26 May 2020

In such a case, only the jurisdiction, as to investigation and trial, is limited to the authorities where you had lodged the offence had allegedly taken place. Any how, you will get intimation from the court for your deposition in the capacity as de-facto complainant if and when the court takes up the matter for trial.

sandeep singh   26 May 2020

go to lower court c. r.pc 156(3)
record your statement

Preeti K   26 May 2020

Fir is transferred already in police station wer i m staying. police said summons has been sent to your husband.fur dated 28th feb 2020. but till now no action has been taken by police.. hence asking what step should i take?? wont the 498Awill get diluted until court resumes

Preeti K   26 May 2020

can he be arrested even if the lockdown continues? he stays in another state.. he has already given bribe to his state police.

sandeep singh   27 May 2020

good morning
where are you from?

Dr J C Vashista (Advocate)     27 May 2020

The author did not respond to my query qua contents of FIR/ allegations levelled / provision of law applied at the time of registration of FIR.

A respondent (stating to be an expert) has misconcieved and presumed the FIR U/S 498 A IPC, which is absolutely incorrect as before lodging FIR u/s 498A IPC the accused shall be summoned (number of times) by Crime Against Women (CAW) Cell for mediation by IO / Mediation Cell specifically created for complaints u/s 498A/ 406 IPC. 

The procedure to register FIR U/S 498 A/ 406 IPC is strictly followed (as above) after delivery of judgment by Apex Court in the case of Arnesh Kumar Vs. State of Bihar. .  

1 Like

Preeti K   27 May 2020

Sir Vashist, FIR has the following sections- 498A, 406,506, 323,324,34, 3 and 4

kindly let me know if this is cognizible n nonbailabe offence...


secondly, i have not been receiving maintainance for me n my daughter for the last five months... what step should i take..

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