498a & 494 case
Querist :
Anonymous
(Querist) 04 July 2022
This query is : Open
My wife complain 494A & 494 case against me more than three years after saperation.
Police investigate Bigamy without any order from court & submit Chargesheet. As per Chargesheet accused have illicit relationship with another lady.
Can police investigate such non-cognizable office without court order ?
Is court's order is necessary to investigate Bigamy complain ?
Can such allegation may be filed more than three years of saperation ?
Since in spite of repeated request through letter by registered post she refused to return, how she can be aggrieved person?
Querist :
Anonymous
(Querist) 04 July 2022
As per complaint of my wife, with whom I remarried, is a wife of another person.
Dr J C Vashista
(Expert) 05 July 2022
Can police entertain a complaint and register FIR under section 494 IPC for the offence of bigamy ? No.
What sort of cruelty has been alleged in the complaint / FIR for the offence under section 498A IPC where you are living separate for the last more than 3 years ?
Vague and confusing facts can not lead to form proper opinion and oblige.
Querist :
Anonymous
(Querist) 05 July 2022
Only it is mentioned that me & my family members are tortured upon her. No reason, no specific date, no proof, no witness name are mentioned in allegation.
