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Ayush Jain   10 September 2017

406 case victim go to high court

My sister filed 406 case against her husband. Location is Ghaziabad and victim location is meerut. Lawyer already file the case and court ordered summon 3 times and arrest warrant 2 times but still the victim is not arrested by police. Now victim took certified copy of case to go to high court for stay or to quash the case. Court already order 82 on the victim.But lawyer said, in this police just the warning. I want to know that after the process of 83, is it possible that victim will not come as he is getting help by local police. What can b done so that the victim will come to court?


 6 Replies

Vijay Raj Mahajan (Advocate)     11 September 2017

406 is congisable offence for which proper FIR should have been lodged with local police. If police refuse to register FIR the order of court/magistrate to be taken for the same.

P. Venu (Advocate)     11 September 2017

Is it the victim or the accused who has approached the High Court?

Ayush Jain   11 September 2017

I think I made some mistakes. It's the accused who approached high court and still didn't appear in court after arrest warrant.

Raveena Kataria (Advocate )     12 September 2017

As advised above, the wife can move to the judicial magistrate u/s 156(3) of the CrPC if she feels the police are not properly carrying out investigation into the claim.

Moxit Shah   12 September 2017

police are required to arrest your brother in law in Non- Bailable Warrant. but, still in such cases police gives the opportunity to accused to approach court and to cancel the NBW. in case proclamation under section 82 is issued, police needs to arrest your brother in law. proclamation is very serious action by court. police cannot be too slow atlease in such matter.

Ayush Jain   13 September 2017

@Moxit Now a days police are bribed easily. I just want to know that if court issued 83 against the accused, then will he come to the court? From the course of action till yet, it seems like court doesn't have power enough to get the accused into the court. And the accused will remain safe by bribing police. Is it so? In 83 it's again police who will be required to take his household things. Can the police be bribe at this stage too. And if yes, then is it possible to bring accused into the court. Uptil now, it seems to me that with small amount of bribe, any accused resist arrest and will not come to the court. Pl give suggestions what we need to do? Also we hire a lawyer in high court so that he won't get any stay on 406.

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