police need permission to arrest under 498a of govt employee

Querist : Anonymous (Querist) 20 May 2010 This query is : Resolved
i am a govt employee(teacher).my wife deserted me one year ago for a seperate family for the cause of she dont want to take care of my 68 year old father.i gone for conjugal rights notice.after that she put a 498a case against me and my father.
1)is there the departmental permission need to arrest me?under what code?
2)rcr notice not enough to did not arrest me?i am ready for trial.

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Kiran Kumar (Expert) 20 May 2010
police does not require departmental permission to arrest accused as the acts required to constitute an offence under S.498-A IPC can not be termed as 'in discharge of official duty'....

if you have filed a petition for RCR in advance then it can be a good ground to get Anticipatory Bail from the court but can not be termed sufficient always....it is discretion of the court to grant concession of AB.