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JetLi (Nothing)     20 May 2015

498a filed in another police station in city ( mahila police

Dear Sir,


We have a problem with a complaint made by my brother's wife against our family.


One year back, she made a false 498A and after all police inquiry, its moved to count.


That time it went through Police Station, District SP Office, Lok Adalat, Some Woman and Child welfare department and finally reached to District Court ( Munasif Court).


The case is going now in the Munasif court, while 4 of us ( Myself, My wife, My father and Mother) have gone to high court to abolish charges, the high court granted relief from appearance and only my brother need to go to attend case.

Suddenly few days back, we got a notice from Mahila Police Station in town.. Stating that my brother's wife made a complaint there ( In Same town of earlier police complaints filed). against all five of us ( Me, Wife, Father, Mother and My brother) and police sent a notice to attend all of us for inquiry.

It says as.. She made a complaint against us under section 498A, IPC section 304 of DP act and Section 156 (3) Crime Pc.

Police officer told us to come for inquiry, is it correct?

When a case of 498A is already in district court, High Court granted us relief from district court proceedings, Why another police station summoned us to present?

My old parents are worried again with all these things, they are both heart patients and this is why high court granted the relief from court proceedings.

My father received and signed notice from police, when they came to home with the notices. He received only for him and my mother.

What if my father doesn't present himself ? Cn police come and arrest my father and mother for not going to Police station?

How to get out of trouble?

Kindly help.

Thanks



Learning

 4 Replies

bsrao   20 May 2015

Just comply and explain the police the situation. 156(3) means, there is a private case referred by the magistrate to police for enquiry and registering an FIR, if true. They are only investigating.

JetLi (Nothing)     21 May 2015

Dear Sir,

 

If there is private complaint on this matter, which is already in court.. Can we ask police to restrain from such proceedings again in this case because of the relief given by High Court?

 

Cn we warn them that its against court proceedings, which same case is already under proceedings in trial and high court.

 

Can police still investigate the same under that section, even when we show papers of stay order?

 

Where can we go now?

 

My parents don't want to face police, since last time they got harassed.

 

Kindly suggest, is there any process to avoid this police inquiry?

 

Thanks

bsrao   21 May 2015

Having got into this trouble, there is no way one can be comfortanble. 

Yes. You can definitely show the police the HC order and request them to refrain from proceeding further.  Only other way is to threaten the police that you'll file a contempt petition in the high court if they disturb your parents. IAlso, say you'll complain to Human Rights Commission and the District SP.

 

JetLi (Nothing)     21 May 2015

Dear Sir,

 

Thanks for the suggestion. Today they will appear before police and if they find police harassing and not honoring the High Court Order, We will go to Human Rights and SP and also we will file contemt of court in High Court immediately.

 

Thanks


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