About 498a


Recently, I along with my aggrieved sister have filed FIR imposing 498a on 29th August, 2017 in Unnao district Uttar Pradesh. On october 1st, I called to investigating officer(IO) and asked status of FIR. He said he has send the case in "Rehabilitation" centre, though Charge sheet is not filed. Is IO saying right? Since filing FIR, IO is with the accused  and tried and still trying to pressurise me to withdraw the complaint. I belong to a village and my family has no connection to make pressure on police. My questions are:

> Without filing charge sheet, does victim have to go Rehabilitation centre?

> What are the other steps left for me? 

Please help me.

 
Reply   
 

I think that cop is managed by other side. Once FIR is filed under charges like 498A, the Cop has to take cognizance into matter and investigae the Crime, arrest on prima facie evidence and file Charge sheet. But, if he is not doing so then you can assume he is managed. Do one thing, ask him copy of FIR. If he give it then assume that investigation is in process if not then assume the FIR still not registered. If FIR is not registered then meet Superitendent of Police, if police don't take congnizance thereafter then file Writ in High Court for directing to file FIR. Consult with good High Court lawyer for your case.   

 
Reply   
 



Hi call me if you are interested to solve your query at cell no 8686159292

 
Reply   
 

Shrey, I got the copy after filing the FIR. It contains 498a. My question is without filing charge sheet,  is there a step in case of UP state to go Rehabilitation Centre?

 

 
Reply   
 

It is very easy for people to raise finger to the intigrety of a police office and every body thereafter start creating heap. Disgusting and unwarranted and is cheap one. In facts as per latest law on receiving the complaint u/s. 498A etc shall firstly be referred to a committee who shall check the veracity of complaint and try to resolve the issue amicably and it will only on recommendation of committee the Proceeding and investigation etc shall commence. This step has been recommended by Supreme Court to stop misuse of 498A, 406 IPC sections by girls. This, IO has taken corrective steps.

Total likes : 1 times

 
Reply   
 

Sidharth Srivastav Sir, 

                                     You misunderstood me and my intention.

 
Reply   
 

continued...

                   Your suggestion will get effect after 6 months, because virdict is given by H'nable Supreme Court on July 26th.

 
Reply   
 
Advocate

It's not that just because recent judgment of Supreme Court that mediation process has to be done before arresting the accused or file charge sheet in the court, its long since the process of mediation the Supreme Court and other High Courts have been insisting. The criminal complaint by wife under section 498a IPC is more or less misunderstanding between both parties that should be settled amicably rather indulging in criminal litigation that will in most cases fail and bring complete breaking of matrimonial home. Intention of courts in India has to be followed by Police department as has been instructed to them.

Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics