41A and 498A
Manoj Deka
(Querist) 15 July 2011
This query is : Resolved
Dear Sir,
Can we speak to police that even-though a complaint is lodged U/S 498A that I am innocent and you should send us a notice under section 41A and as the punishment is up to 3 (Three) years so you cant arrest me and my familly.
Please throw some light on it
Thanking you in anticaption
Rajarshi Bhowmik
(Expert) 16 July 2011
Please note offense u/s 498(A) of I.P.C. is a COGNIZABLE OFFENSE in accordance with the statute hence police is free to arrest you with out any notice or information please also note that offense u/s 498(A)I.P.C. is also a non bailable offense. So I would suggest you to file an application for anticipatory bail u/s 438 Crpc before the Ld Seasons Judge or before the Hon'ble High Court if there is not such evidence and court considers fit and proper the Court nay favor you and your family with an order of anticipatory bail, more over if you think there is no ground for the initiation of the case u/s 498(A) I.P.C. you can file an application u/s 482 for quashing the case before the Hon'ble High Court at this stage
