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Sonu (Software Engineer)     28 December 2013

Attemptive murder case

Dear readers,

I posted similar kind of question in the past but didnt get the response. So I am posting the same question again in short so it wont take much of your time.

Please read...

Mr. A had some injuries and blood stains on his body and went to police station and filed attemptive murder case on B.

Questions:
1) Does police arrest B immediately without any investigation or they do investigation first?

2) Does Attemptive Murder case comes under cognizable offense?

3) What police do if they came to know that B filed false attemptive murder case against A?

Thanks in advance for your replies.



Learning

 6 Replies

Dr J C Vashista (Advocate)     28 December 2013

1) The police will not arrest B immediately without any investigation.

2)Yes attempt to murder is a congnizible case 

3) When the police came to know that B filed false attemptive murder case against A,the complaint will be dropped/closed

Sonu (Software Engineer)     29 December 2013

Dear Vashista Sir,

Thank you so much for your reply.

Sonu (Software Engineer)     29 December 2013

Dear Vashista Sir,

In earlier post you said that police will not arrest B (in attemptive murder case) immediately without investigation.

But the police arresting husbands without any investigation after wifes file 498A.
Are there any specific rules for 498A to arrest Husbands immediately without investigation?

Does police really have rights to arrest Husbands immediately without investigation OR they are misusing their powers?

Dr J C Vashista (Advocate)     30 December 2013

Section 307 IPC & 498 A IPC are different provisions of law, and investigation procedure is different.

Even in a case under section 498A IPC, accused is given opportunity to join investigation before being arrested.

If arrested it is misuse of law.

Sonu (Software Engineer)     30 December 2013

Thank you Vashista Sir for your reply.

Can you please suggest what husbands have to do when Police come to Husband home to arrest on 498A (without any investigation)?

I heard from one of lawyer that husband should not go to police station along with police when they came to home to arrest on 498A. Is that true?

What else husband has to do?

Dr J C Vashista (Advocate)     31 December 2013

When the police comes to arrest husband he should inform his lawyer and cooperate police


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