A case filed by my wife u/s 498A and 323

Pravin Kumar ROy (Querist) 01 September 2017 This query is : Resolved
Sir/Madam on 27.08.17 my wife has made a complaint against me & my parents under aforesaid section,my parents is not staying with us. Police has taken me in his custody and I'll have narrated them facts that my wife's mental condition is not well and also presented them medical prisciption after all knowing all facts they have released me from local police station and also given me a notice under subjected section. Now please let me suggest what should be further action from my side, whether police has suo moto authorisation to arrest me at any time.

Follow Query

Report Abuse

Arvind Singh Chauhan (Expert) 02 September 2017
Police would have released you on bail, if you full fill the required conditions of bail police will not arrest. If charge sheet is filed you would have to seek bail from court.

Sudhir Kumar, Advocate (Expert) 02 September 2017
what about parents. have they been called /arrested.

Pravin Kumar ROy (Querist) 02 September 2017
Police has released me but has not given me any bail document further they have not called my parents

Rajendra K Goyal (Expert) 02 September 2017
Police may not have arrested in view of latest Supreme Court Judgement or may be investigating the case. Please discuss in detail with local lawyer and in case of need proceed for anticipatory bail for self and the parents.

Dr J C Vashista (Expert) 04 September 2017
Agree to the extent that the police will "normally" not arrest an accused u/s 498A IPC, if the police considered latest judgment, which generally they do ignore before general public. But instant case is clubbed with section 323 IPC, wherein the police will have to arrest the accused including parents and none can be released on "police bail".
Consult and engage a local lawyer.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now