Parth Chandra (none) 22 February 2011

Call from police station for statement

Hi,

I am facing 498a/125 crpc/child custody/section 97 cases filed by my wife. In all these cases I am respondent and am on regular bail in 498a since a year now. 498a trial has not yet started however chargesheet is filed in mar-2010

Recently I got a call from a police station nearby my inlaws house asking me to come for a statement related to streedhan. I have asked for a time near to this weekend and they agreed. I tried asking for more details but they simply told that your wife has filed case to get sreedhan back and we need your statement.

I talked to my lawyer and he told me that my wife might have filed 406/420 etc. and no need to worry but I have heared that these are non bailable offence.

Just wanted to know from experts on
1) what could be case my wife/in-laws might have started against me
2) what should I do? and what precaution I should take,
3) Is there any possibility of an arrest?
4) any other advice which might be useful.
5) Is these non bailable?

Thanks,
PC

Reply Follow

7 Replies

(Guest)

Sec 406 is bailable in police station. I dont think there can be any arrest. Does yoy bail order do not cover sec-406 as this is normally accompanied by 498A charge and is part of the same FIR. If the police have filed chargesheet they should not be calling you for statement as investigations are over and the matter is in court.

The role of police ends after chargesheet is filed.

Parth Chandra (none) 22 February 2011

No 406 was not part of 498a FIR and this seems to be a separate case (I guess they have done it separately to harrase in another case).....

Can any one please answer my above questions?

Thanks,

Shailendra prasad singh (Lawyer) 22 February 2011

first u file and get A.Bail. 406 is bailable but 420 is non bailable, police may arrest you at any time at any place without warrent. and after getting A.Bail file a quashing against the offences, sec. 420 is not attracting is in ur matter because of u r never induced her to deliver stridhan to you. the main ingredient of the offence is the person so deceived was induced to do so, which u r not. it is a simple course of marrige.

Parth Chandra (none) 28 February 2011

Hi All,

In a new development, I went to concern police station and given my statement. Hence I could see the complaint and came to know that it is under section 406 & 114 and I am the only respondent.

1) can anyone please let me know if arrest can happen even if I went to police station and given my statement (i guess under 202)?

2) How would I know about the further proceedings as I haven't received any summons etc?
3) How would the case proceed now onwards?
4) Any citation which might be useful to counter her baseless allegation of streedhan?

Thanks in advance,
PC

rajiv_lodha (zz) 28 February 2011

I do not know much about Sec 114 (may be its a minor irritant), but u have AB protection too.

Sec 406: u have given statement, follow the police up (may be some lower rank clerk at PS may pass on update on ur case in lieu of some bucks); o'wise it wont bother u anymore. Least likely to arrest U/S 406.

Do not bow for sattlement for the fear of these sections

1 Like

Shailendra prasad singh (Lawyer) 28 February 2011

Sec.114- Whenever any person, who is absent would be laible to be punished as an abettor, is present when the act or offence for which he would be punishable in consequences of the abetment is committed, he shall be deemed to have committed such act an offence.

1 Like

Parth Chandra (none) 01 March 2011

thanks you Shailendra ji,

I also got to read from the net the same descripttion provided by you but could not understand the meaning. Can you please elaborate as I am the only respondent in the complaint then how come any section related to co-partner or co-criminal be added?

Moreover can you please also reply to the four questions I have placed in my last post?

Thanks,