R Banerjee (Eng.) 16 September 2017

Police investigation process in 498a

Dear Lawyer,

I and family member already in bail after surrender in front of court. Now IO wants the details of neighbour where me and my wife stayed together near my job place. IO has sent a notice after 45 days before my final bail. As I have taken Anticipatory bail and before one days I have recived notice from police. After 5days on 25/08/2017 we got bail from district court. The case was filed on 24/06/2017. Now after bail we went to police station but IO was not available on the police station. After returning from my native to site she always disturb me and asking why I didn't visit with her. And asking the details where I stayed with my wife. SHe wants all details from bengal as I am now in Himachal. Atlast my advocate called me and told me to give any name for chargesheet. I dont want to disturb others life where I was living. As my wife married fourth time I didnt enquire as this was my 2nd marriage. First time I got mutual divorce from my wife. But her one criminal case was going on till today. We married on 28/04/2017 and I have taken her with me and was living in Punjab. my site is from punjab to himachal pradesh. When she was pregnant I leave her in her parental house. But after giving birth of one baby boy she was deied to talk to me and sent lots of messages that she wants divorce. When I got to know about my baby we went to see him but she behave rudly and put one 498a case against us with false comment. Police also knows about her marriages but still she is disturbing me as I dont know IO's relation with my wife. After her behaviour within 5days my father passed away with heart attack.

Please reply as I am very upset and dont know should I give the information or not.

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3 Replies

R Banerjee (Eng.) 16 September 2017

I don't know what you are saying Mr. Ramesh. If you don't have suggestion let it go. As my mother is a dialysis cum heart patient. I lost my dad and you are joking. Good it's may be life

Nitish Banka (lawyer) 24 April 2018

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Nitish Banka (lawyer) 24 April 2018

What to do when Police calls you in 498a cases

Posted by: Nitish Banka Categories: Criminal Law

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What to do when IO calls in 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

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Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…

https://www.livelaw.in/delhi-hc-lays-procedure-issuance-notice-appearance-police-officers-u-s-41a-cr-p-c-read-judgment/