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498/406/34 ipc URGENT

Querist : Anonymous (Querist) 19 June 2011 This query is : Resolved 
Is it mandatory to arrest all or any of the accused in 498a/406/34 IPC case by the police before filing charge sheet?
Can they call anyone to the police station before filing charge sheet?
Will it be a written notice to appear in the police station?
Any attendence?
Is it mandatory to appear?
Thank you in advance
Devajyoti Barman (Expert) 19 June 2011
The Police may arrest all or any of the accused persons.
So without waiting for Police t take any step , apply for anticipatory bail.
Advocate Bhartesh goyal (Expert) 19 June 2011
Yes,polce may arrest any one or all who's names are in F.I.R so it would be better to apply for anticipatory bail.
Advocate. Arunagiri (Expert) 19 June 2011
It is not mandatory, but if necessary the police officer is having power to arrest.

Dont take chances, It is advisable, to get AB.
Ravikant Soni (Expert) 19 June 2011
prcedure has been amended now.
Why does police not follow procedure laid down in amended section 41 of Cr.P.C.
Police should give notice to accused.
If he comply with the terms of the notice then why apprehention of Arrest caused??
Arun Kumar Bhagat (Expert) 19 June 2011
The Police officer can ask the accused to attend him at Police Station by notice in writing. If the accused does not appear,the officer may arrest him.
M/s. Y-not legal services (Expert) 19 June 2011
Yes. Police can arrest anybody who's name are in the f.i.r. But its not mandatory to appear before the police enquiry. But you have to get a.b its will be safe to you..
Guest (Expert) 19 June 2011
Yes, police can arrest anyone whose name is given in fir(in 498a) case so,if you feels that a police may take an action in future better to take an anticipatory bail.
If you want to know about anticipatory bail in 498a case just go to this site:
http://498afaq.blogspot.com/2009/04/how-to-get-anticipatory-bail.html
Kiran Kumar (Expert) 19 June 2011
anticipatory bail will be a good option at this stage.
Querist : Anonymous (Querist) 21 June 2011
Dear Ravikant sir,
Why does police not follow procedure laid down in amended section 41 of Cr.P.C.
Police should give notice to accused.
If he comply with the terms of the notice then why apprehention of Arrest caused??

Regading your question what I have seen in my case everyone (from girl side or from my lawyer or her lawyer or police) want us to apply for AB because lot of easy money is involve in this whole for all of them and as well easy to harass.


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