Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ashish Jha   21 March 2017

Diff. between case filed thru fir & court u/s 498a

What is the difference to file a case u/s 498A through Police FIR & through file a complaint case into court directly?

Both are having same implications on groom & on his family?

 



Learning

 6 Replies

Sachin (N.A)     21 March 2017

If complainaint files complaint in police station, the police will register FIR and accused should file AB 



If the complaint file by someone for 498A directly before the court then:

 

1. The court will record the statement of the complainant

 2.  Demand a inquiry report from the police u/s 200/202 of Cr.P.C.

3. And after that if the court think fit that there is a prima facie case has made out then issue the summon/notice to all the accused of the case then the case will be start and the accused have to appear before the court on the date fixed by the trial court

 

In the above case, police will not make any arest since no FIR has been lodged before them and if there is no FIR, there can not be any AB for that,

 

 

Ashish Jha   21 March 2017

Thank you Sachin Ji.

In second case when or on which circumstances warrant will be issued to husband and his family members?

Will opposite party get some advantage if statement of complainant and her witnesses had false details in their statement/oath paper?

Sachin (N.A)     21 March 2017

Originally posted by : Ashish Jha

Thank you Sachin Ji.

In second case

when or on which circumstances warrant will be issued to husband and his family members?

When respondent doesn't personally appear in court 


Will opposite party get some advantage if statement of complainant and her witnesses had false details in their statement/oath paper?

Yes, but how much advantage will he get depends upon his or his lawyer's presence of mind.

 

Ashish Jha   21 March 2017

Thanks once again Sachin Ji

SOLOMON.RAJ (advocate/director)     10 May 2017

Dear Ashish ,

                         Whatever was stated by Sahin is the right procedure and in addition of what sachin stated, the court when it recieves a petition of private complaint under sections 190 & 200 of the criminal procedure code may take cognizance of the said case or MAY ALSO DIRECT THE CONCERNED POLICE TO ENQUIRE INTO THE MATTER AND REGISTER A CASE AGAINST SUCH ACCUSED, AND UPON INVESTIGATION IF THE POLICE FINDS THAT THE CONTENTS OF THE PRIVATE COMPLAINT ARE TRUE AND THAT IF PRIMA FACIE CASE IS MADE AGAINST THE ACCUSED AND THEIR FAMILY THE POLICE WILL REGISTER AN FIR AND THERE BY THE ACCUSED CAN STILL GO FOR ANTICIPATORY BAIL IF NOT ARRESTED AFTER THE REGISTERING OF THE CASE.

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.
Vice Chairman, 37th U.C.C. ( T.S.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 
Ph:+91-9866545086,
______________________________ ______________________________ _______________

 

 

Brisk   01 June 2018

Can the Case still proceed if the police has not taken any statement from the accused (Husband) in 498a?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register