498a prima facie evidence to arrest !

Police do not look for evidence to arrest a 498a accused. Evidence will come after FIR and arrest and during the chargesheet phase.

 

Best you go for anticipatory bail.

There is one judgement to no automactic arrest first ensure some prima facie evidences.

 

what are that ?

Hi,

 

You can search for Justice Kailash Gambhir judgement on this issue. As I recall, it was pronounced in 2010. It states that police needs orders from DCP before arresting anyone in 498a case.

 

//peace

/Saurabh..V

but police will never follwed any guide line or judgemnet to arrest , so better take AB bail as soon as possible police want to grab money from both side so they do arrest even on her oral complaint for police no guideline works they are cruel, greedy and true rascals.. so dont belive over them. in such type of matteres

Dear Querist

read the following sections: 

"41-A.Notice of appearance before police officer-(1) The police officer may ,is all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41,issue a notice directing the person against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists that he has committed a cognizable offence to appear before him or at such other place as may be specified in the notice . 

 

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice . 

(3) Where such person complies and continues to comply with the notice , he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded ,the police officers is of the opinion that he ought to be arrested . 

 

(4) Where such person,at any time ,fails to comply with the terms of the notice ,it shall be lawful for the police officer to arrest him for the offence mentioned in the notice ,subject to such orders as may have been passed in this behalf by a competent Court . 

 

41-B.Procedure of arrest and duties of officer making arrest.- Every police officer while making an arrest shall - 

(a) bear an accurate ,visible and clear identification of his name which will facilitate easy identification ; 

(b) prepare a memorandum of arrest which shall be - 

 

(i) attested by at least one witness,who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made ; 

(ii) Countersigned by the person arrested : and 

(c) inform the person arrested ,unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend named by him to be informed of his arrest. 

 Feel Free To Call

fighter ji police is greedy true but this is the first judgement on 498a in which an IO has to give valid reasons for arrest or not to arrest to magistrate. and only after due inspection magistrate will ask for arrest. and the girl who is living with her parents from last 2 years and the complaint was going on in caw cell when i reject to pay 40lacs she said lodge a FIR. in all the hearing of complaint at caw cell she is saying all the times i dont have any problem with my in laws she also wrote and signed on these statement when magistrate look all this. surely not give any approval for arrest.

So does it mean that a girl can give any statement in writing , without any valid proof  and court will frame charges based on prima facie ?

even if orally she said she has nothing against the family members ?

@Amit8: Excatly! A verbal complaint without evidence is enough for the police to book 498a case. 

For prevention of arrest, please refer to SC Judgement Arnesh Kumar Vs State of Bihar.

Dear all FIR and arrest are two different things please note it is not mandatory that if FIR is booked you will surely get arrested. and yes FIR is booked on the basis of verbal complaint but arrest can only be made only after thoroug investigation. and latest judgement of supreme court is an example the same. and do not club 498a with 304b. in 304b arrest may happens even after registration of FIR and in 406 girl has to submit valid bills of balance list to proceed with FIR. AND IN 498A written statement or verbal statement for FIR and some proof to arrestthe accused. regards 498a

It is not a very objective thing, but a lot of discretion has been built into it, Recent judgment of SC, just adds a rider to that discretion that a written form has to be submitted to the court alongwith arrest memo while producing the accused. So that Magistrate may apply its mind on the same.

 

 

Regards,

If you don't fight for what you want, don't cry for what you LOST.

Originally posted by : 498A=Frauds
	fighter ji police is greedy true but this is the first judgement on 498a in which an IO has to give valid reasons for arrest or not to arrest to magistrate. and only after due inspection magistrate will ask for arrest. and the girl who is living with her parents from last 2 years and the complaint was going on in caw cell when i reject to pay 40lacs she said lodge a FIR. in all the hearing of complaint at caw cell she is saying all the times i dont have any problem with my in laws she also wrote and signed on these statement when magistrate look all this. surely not give any approval for arrest.

ok i agreed but in my case departmental enquery  was there against IO and she was punished by Bad remark in her CR that's all" and her wrong action i am facing since last five years so same is here even police not arrest the victim for  money they can threat or file the case then though the case is false but victim has to face it for years also those who are weak by any mean say mentally, or financially or they have no patience so they cant fight and either surrender inf ront of wfie and in laws or commit suicide...

I am not able toi understand

 

" departmental enquery  was there against IO and she was punished by Bad remark in her CR"

 

depttl inquiry results in some tangible punishment and not adverse CR.

 

Be clear with the facts what was the inquiry about and what are adverse remarks.

 

These facts can help you in cross examination or in quash proceedings.

Dont think of commiting suicide...Its Crime. Be brave ...

Yes-police really wont look into any judgement before arresting you.So be prepared for arrest.

You can try for AB - depending on case ans which state of india , you might get it .

Please dont go with what girl is stating in CAW cell , What matter is what police report CAW cell will give ofcourse -ve report against you , so that FIR can be register.( Try to record CAW cell conversation)

Dont get upset , You will go in and come out and then you have nothing to loose and she has nothing to save marriage :) .

Try to save your parents/Brothers/Sisters from getting arrest and get them bail ...thats your first duty....

 

 

 

@

@Sudhir Kumar

sir departmental enqury means when I filed RTI to Polic head Quarter and gave some application that she did wrong in my case then police go to investigate my allegation aginst her and it is done by additional SP final report was given to SP in that it is mentioned by him with date and his signature that i am pasting there version as mentioned in their report as follows"

     ^^vfrfjDr iqfyl v/kh{kd egksn;]}kjk rRlaca/k esa ,d foLr`r tkWap dk;Zokgh dh xbZ]ftlesa esjs vykok mifujh{kd Jherh lkfjdk o vkj{kd xtsUnz feJk ds rRlaca/k esa dFku ys[kc) fd;s x;s rFkk laiw.kZ tkWpksijkar Jheku vfrfjDr iqfyl v/kh{kd egksn;]bUnkSj ¼e-iz-½ }kjk ;g ik;k x;k fd %

 

                   ^^ ekuuh; ftyk U;k;k/kh”k egksn; bUnkSj ds U;k;ky; esa fgUnq fookg vf/kfu;e /kkjk&09 ds varxZr nkEiR; laca/k iquZLFkkiuk gsrq ;kfpdk vuhy frokjh }kjk fnukad 27-7-10 dks izLrqr dh x;h Fkh rks fnukad 25-8-10 dk rRdky vuhy dh iRuh dh fjiksVZ ij vijk/k dk;e ugha djuk Fkk u gh rRdky fxj¶rkjh dh tkuh Pkkfg, Fkh]rFkk vuhy ds ;gkW ryk”kh ds nkSjku lh-vkj-ih-lh- dh izfØz;kRed mica/kksa dk ikyu Hkh ugha fd;k x;kA Fkkuk dksrokyh rFkk mifujh{kd Jherh lkfjdk us jokuxh@okilh Hkh izLrqr ugha dh gS tks izHkkjh ifjokj ijke”kZ dsUnz lkfjdk dh Hkwfedk dks rFkk dk;Zokgh izfdz;k dks lansgkLin cukrh gSA blh dkj.k vukosnd dks ckj&ckj f”kdk;r dk volj feykA

          vr%,o ifjokj ijke”kZ dsUnz izHkkjh us f”kdk;r fujkd`r fd, fcuk tYnckth esa dk;Zokgh dh gS tks fd mfpr izfrr ugha gksrh gSA

          vr% Jherh lkfjdk izHkkjh ijke”kZ dsUnz bUnkSj ds fo#} leqfpr n.MkRed dk;Zokgh vuqla”kk dh tkrh gS A

          pwafd izdj.k ekuuh; U;k;ky; esa fopkjk/khu gS vr% izdj.k ds xq.k&nks’k ij fopkj djuk fu;ekuqlkj mfpr ugh gS A **

blds ckn mudh lh vkj iqfLrdk esa orZeku ,l-ih egksn; us fuEu dk;Zokgh dh oks ,Slh gS--

^^lh0vkj0ih0lh0 ds izfd;kRed micU/kks dk ikyu ughaa djus o ykijokgh cjrus dk nks"kh ikrs gq;s mifujh{kd lkfjdk dsk lsok iqfLrdk esa fuUnk ds n.M ls nf.Mr fd;k tkrk gSA**

Now my question was this that IO got very lite punishment i am suffering from last five years.....? why when she found guildy then why case was not closed,,?

Please guide me over here, yes definitely it will help me in cross examination but it come after two three year till then i have to suffer and move round the court....