Re: 498a
AMAN
(Querist) 03 October 2011
This query is : Resolved
Hi,
Is it mandatory to get the Arrrest Warrant from the Court in the case of 498a or sister-in-laws's family could be arrested without any warrant also, pls. advice.
Thks,
Arun Kumar Bhagat
(Expert) 03 October 2011
For cognizable offence no arrest warrant is required. Police can arrest without warrant.498a is cognizable offence.
Kiran Kumar
(Expert) 03 October 2011
rightly explained by Mr. Bhagat.
Shailesh Kr. Shah
(Expert) 03 October 2011
No need of arrest warrant in cognizable offense.
Raj Kumar Makkad
(Expert) 03 October 2011
I think you want to know whether the family of sister of husband can also be arrested in such cases.
Hon'ble Supreme Court has clarified in various similar type of cases that no benefit goes of any person except husband and his parents so no other person should be harassed under the garb of this section. Generally during investigation the married sister or her family, if otherwise found innocent are exonerated from charges and they are not arrested.
R.RAJENDRAN
(Expert) 04 October 2011
The reply for the question in your mind has been rightly answered by learned brother Mr.RajKumar Makkad.
Rajarshi Bhowmik
(Expert) 05 October 2011
According to the provisions of law 498A is a cognizable offense and law empowers the Police authority to arrest any person against whom a complain of cognizable offense is made or Police suspects that the person has committed or play any part in commission of such offense. But the thing is while forwarding the person arrested before the Ld Magistrate Police in his forwarding report needs to give a brief that why the person is arrested and if it appears to the Ld Magistrate there is no ground of involvement of the person arrested the person if preys for Bail may be favored with Bail. If any person apprehends that he could be arrested unnecessarily by the Police he may prefer an application U/S 438 Cr.P.C. before the Ld season Judge or before the Hon'ble High Court for anticipatory Bail. and if after going through the materials collected by the Police it appears to the Ld season Judge or before the Hon'ble High Court that there is not ground that the concern person should be put behind the bar they may favor their applicants with anticipatory bail. For more details please visit to www.rajarshibhowmik.webs.com
AMAN
(Querist) 05 October 2011
Mr. Raj Kumar Makkad,
Could u pls. elaborate the below mentioned point in detail.
I think you want to know whether the family of sister of husband can also be arrested in such cases.
Hon'ble Supreme Court has clarified in various similar type of cases that no benefit goes of any person except husband and his parents so no other person should be harassed under the garb of this section. Generally during investigation the married sister or her family, if otherwise found innocent are exonerated from charges and they are not arrested.
Is it favourable for Sister's own family who filed the case or Sister's-in-laws family as per the guidelines of Hon'ble Supreme Court?
Thks,
