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AJESH BABU (MANAGER)     01 August 2013

Dowry harrasment case

If Dowry Harrasment case is given by a person whether arrest would be made immediate or after authencity of the case.



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 12 Replies


(Guest)

First they call you if complaint is given. Then, they do enquiry as to what actual the complaint is, call both parties. Make VDO recording of such conversation. Then if they find that dowry harrassment has taken place, then they will file FIR. Then police issue arrest warrant. Then catch hold of you. But for FIR to get filed these days it takes lot of time. Once FIR is filed, your lawyer will inform you, and you can go underground and secure anticipatory bail.  If you get caught, then you can apply for regular bail later on.  AB validity 30 days only.

Prashant Agnihotri (Lawyer)     01 August 2013

The arrest of a person is depend on the allegation filed in the FIR.If allegation r serious in nature such as Dowry death , Section 304B in The Indian Penal Code, 1860,the police will arrest you immediately and if allegations made in FIR r not serious in nature,there is no need to worry,only cooperate with the investigation officer quitely.


Manoj Kumar Jain (abc)     01 August 2013

total discretion of the police. police is always in white power.

498A__misused (Sec)     01 August 2013

But Police generally dont do invesigation.

She will file false complaint in CAW something like 1 year ago you have harrashed for dowry . Now police will call you .

They will call you 4-6 times every time they will practically wont do anything "SARKAARI POLICE BABU" , will try to featch money from you stating that "oh i will handel it etc etc , i will try to push girl for divorce on mutual consent " etc etc but nothing will happen ...Max you can try to takr a long date if you want....Now they will ask girl to submit list of istridhan and then they will give list to you and ask for your acceptance ...that time it is high red alert because after that you can assume that police without any investigation will convert complaint to FIR and will try to arrest you .....You can hide and get bail also get AB for your parents etc etc ....

 

Incase of death of wife , obvious police will come on spot and put father mother husbansd everyone in jail.

2BHelpfull (Other)     01 August 2013

in domestic violance arrest is generally made when there is dowry death,

 

n in all other case first an enquiry is made n then if fact r found to b true then arrest is done.

adv.raghavan (Advocate,9444674980)     01 August 2013

if your are booked under DOWRY PROHIBITION ACT 1961,under section 8 and 8A,the police can arrest you without warrant and burden of proof lies on you,to prove that your innocence as it is cognisable and noncompoundable,non bailable. so be cautious.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 August 2013

Dear Quirest,

If the F.I.R has been launched and there is no arresting stay or anticipatery bail has been grant than its depond on I.O...

Feel Free to call

Amritanshu Mondal (Manager)     02 August 2013

Dear Sirs,

I need your comments on my case. I loved a girl and married her Feb, 2013 without concern of her and my family. On 22nd Feb her parents confined her in their maternal house but any how she managed to come out of her own. Things were going good when after our reception her mother came to our home and created a scene. They intended to take the girl away but the girl refused. They came twice for the same but in vain. Recently this month they called and asked us to come to meet them in local party office. We refused and went to the PS and asked the officer to sort the matter out. The officer called my wife's parents in the PS and the officer asked her if I had brought her forcefully, whether she is happy or we torture her by any means, then she denied everything. She has even given a written letter to the local counsillor of our ward stating that she is very much happy with us. She is pregnant by 2 and half months according ro the doctors receipt. I don't have the USG done but doctors say the urine test positive. After few days I took her to her college and she went missing from their. I launched a GD there itself. Then suddenly by some means I got her whereabout and called her aunty there and told her the matter and asked about her. Then the next morning my wife called me from her local PS in UP and told that she want divorce and all her marraige pics and her parents denying that she is preganant. The local police officer asked me and my family to come to thier place in 2 days or they will issue and arrest warrant. The girl is saying that we didn't give her proper nutrition. But when she came to my home she was 52 and now she is 59 according to doctors. I haven;t taken a single penny being a love marraige but when she fled she was wearing jewellery worth thousands. 

Please suggest what precautions should I take to safe guard my family.  

NGOKC (pm)     02 August 2013

It depends on which part of country you are in

 

example in up there can be immediate arrest

Prashant Agnihotri (Lawyer)     02 August 2013

Don't worry,if You can prove these things by some evidences & witness,write an application to the SP of that district & give a copy to a SP of your district also,by mentioning all the details.you have many proofs,atttach the photocopy of these proof with the application. & after that you need to wait for court summons of that state.when police come to your house,show them the copy of an application.

you can write an FIR against her by mentioning ,how she fled from your home with the jewellery & some costly luggage..& if you want her back,Print your marriage photograph in the newspaper with full details,therfore nobody will agree to marry to her.

Amritanshu Mondal (Manager)     02 August 2013

Thank you very much for your suggestion. Their lawyer called me today and was telling me that she has been mentally tortured by me and my family. They want to claim Rs 2 lacs for the same. But they are not confirming or declaring what exact charges they are gonna put. Can you please explain what is mental torture and what steps they can take to put me under pressure. 

Prashant Agnihotri (Lawyer)     02 August 2013

@ Amritanshu mandal-Sir ji apki watt lagne wali hai,they can file a 498a,406 of IPC against you,if they r filing a case of mental turture,under these sections.You need to prepare for Anticipatory bail for you & your family.


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