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HK (Job)     04 October 2024

498a false fir registered

In a false 498A FIR related to dowry demand & cruelty after marriage against both my father & me, the IO sent a 41A notice on my whatapp for my father, but it had no date and asked for his signature. The IO is calling me solely to get my signatures and is pressuring me to come within the next 3 days. I dont have time to apply for anticipatory bail (AB). How can I protect myself without AB? I have already sent evidence to the IO on WhatsApp. Should I message her on WhatsApp stating that I assume she has called me for 41A compliance? Can I also send phone recording as evidence to IO?



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     04 October 2024

The phone recording or any other evidence will not be considered by police at this stage.

You can give some other reason to avoid visiting the police station but it is advisable that you either attend the police station or file an application for anticipatory bail.

Dr. J C Vashista (Advocate )     05 October 2024

It is better to oblige / obey notice u/s 41A CrPC received by you.

Advocate Bhartesh goyal (advocate)     05 October 2024

If you do not respond the notice then police may take action against you and proceed for arrest so  better go to police station and submit your explanation. 

The Perfect Solutions (Advocate)     14 October 2024

My suggestion will be to file a petition for Anticipatory Bail and then approach the police. Police generally don't register F.I.R. so easily unless they are treated. In that event, if you go to the police station without getting the Anticipatory Bail, they may threaten to arrest you or even arrest you.

P. Venu (Advocate)     14 October 2024

If the allegations are really false, you need not rush for anticipatory bail. However, you are required to comply with the Notice for Appearance.

When was the Notice sent. Unless the date is prior to 1st July 2024, it is legally unsustainable.


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