494 IPC


Sir, My wife lodge FIR against me and my family under section 498A and 494 IPC after five years of she deserted me. Divorce case is pending. Police conduct investigation without permission of court and submit chargesheet. Can police investigate and submit chargesheet under 494 IPC without permission from court ? Can I apeal at HC to quash the FIR ? Chargesheet did not contain any material of 498A IPC.
 
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Yes u can question in high court. Before that u contact eminent and vocate take his opinion about it.
 
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FIN

IT is vaguely remembered in 2012 there was a judgment;

Supreme Court of India; Police can investigate a case which alleges offence u/s 498-A IPC and also offence u/s 494 IPC

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Criminal  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Criminal  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

 
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FIN

 

In the meantime you may go thru;

Supreme Court of India

A.Subash Babu vs State Of A.P.& Anr on 21 July, 2011

Bench: J.M. Panchal, H.L. Gokhale

                                                                         Reportable

 

 

 

                 IN THE SUPREME COURT OF INDIA

 

 

 

                CRIMINAL APPELLATE JURISDICTION

 

 

             CRIMINAL APPEAL NO.  1428      OF 2011

 

             (Arising out of S.L.P. (Crl.) No. 6349 of 2010)

 
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Thank you sir
 
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FIN

You are welcome!

 
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