Arrests in 498A without avidence
Querist :
Anonymous
(Querist) 22 March 2017
This query is : Resolved
Hello sir,
I was in Live-in-Relationships with a girl for two years (No avidence or Photo of marriage) . After two years we got a baby ... and after one year she did an FIR against me and my family under section 498A.
Only on behalf of alligations by that girl and statement by her sister ... that I got married to her in a temple and Now me and my family asking her for dowry.
I want to know that :-
1. Can police arrested me on behalf of allegation by girl and statement by her sister ???
2. Is there No need of arrested warrent in section 498A.????
3. If your ans is NO for both above quarries. Can I go against the police in higher court ??
One more thing .... I got bail same day from Court and Now the girl and her sister is not appearing in the court. What can I do against both of them
Thanks & Regards
Guest
(Expert) 22 March 2017
Vague anonymous query, seemingly an academic query also consisting of contradictions in description.
A question arises, if already got bail, where is the relevance of your questions on arrest and thought of going against police, as you stated, "I got bail same day from Court and Now the girl and her sister is not appearing in the court. What can I do against both of them"?
Rajendra K Goyal
(Expert) 22 March 2017
No reply to query from an author who is anonymous.
You can post the query in fresh thread with your identity and material facts.
Sudhir Kumar, Advocate
(Expert) 23 March 2017
although vague and anonymous I agree to reply you
1. Can police arrested me on behalf of allegation by girl and statement by her sister ???
2. Is there No need of arrested warrant in section 498A.????
498A is non-cognisable. But there will be come other offences alleged.
please be claear what is allegation
Sudhir Kumar, Advocate
(Expert) 23 March 2017
3. If your ans is NO for both above quarries. Can I go against the police in higher court ??
YOU CAN TRY
Adv. Yogen Kakade
(Expert) 23 March 2017
As mentioned by you that you have already obtained bail from the court, then what is the reason you suspect that police shall arrest you.
It is always advisable to defend yourself strongly with the help of a good lawyer.
Sudhir Kumar, Advocate
(Expert) 23 March 2017
"Now the girl and her sister is not appearing in the court. What can I do against both of them "
Nothing you can do.
They are not accused but you are
they are not on bail but you are
they may not come on each date but you have to be there.
It is their right ( not compulsion) to be there on each date.
They will come when summoned as witness. On other dates it is their sweet wish to come or not to come.
