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498a via pcr

(Querist) 14 February 2012 This query is : Resolved 
Wife tried her best to register FIR by putting false 498a+406 application with police. Police did not recommend FIR even after 6 months of harassment, closed her complaint. Her lawyer has planned sec 156 (3) in MM court as next step. I am sure that she can not prove her allegations via court of law also. All they want is our harassment+ extortion.
1) Are we 'relatively safe' from police harassment + arrest, if she moves via 156 (3) in MM court
2) 498a is non-bailable section. God forbid if MM passes summoning orders u/s 498a+406 against me, at what stage its advisable to move bail application..... Whether with Sessions or MM
Thanx in advance
Adv.R.P.Chugh (Expert) 14 February 2012
Dear Querist,

Sorry no answers for the time being. Experts would be back.

God Bless you !
Sanjeev (Expert) 14 February 2012
She can file the case with MM and might suceed there if the case is admitted then you would need to seek bail when you are summoned
Chaitanya_Lawyer_Mumbai (Expert) 15 February 2012
If the MM orders police to investigate the matter u/s 156(3),police are bound to investigate it & register FIR or submit investigation report to MM.

If the FIR is lodged in such a case,police can arrest the person & produce the person to MM for regular bail.

rajiv_lodha (Querist) 18 February 2012
Hello!
Its good to know that experts are back now! plz answer:

1) Are we 'relatively safe' from police harassment + arrest, if she moves via 156 (3) in MM court
2) 498a is non-bailable section. God forbid if MM passes summoning orders u/s 498a+406 against me, at what stage its advisable to move bail application..... Whether with Sessions or MM


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