mohamed haseeb ahmed 14 September 2016

Quashing of 498a

DEAR ADVISORS

I JUST RETURNED FROM HYDERABAD WITH MY MOM AS MY WIFE FILED FIR 498A AFTER DESSERTION OF MORE THAN 1 YEAR..WE HAVE TAKEN BAIL IN POLICE STATION .NOW THAT THE PSI HAS TOLD US THAT WE HAVE TO APPEAR BEFORE HIM WHENEVER HE CALLS US FOR INVESTIGATION.WE LIVE IN MAHARASHTRA AND ITS A 1NITE JOURNEY TO HYDERABAD.ALL IS THAT WE WANT TO AVOID SUCH VISITS BCOZ WE KNOW NOTHING WILL HAPPEN IN OUR FAVOUR AND THE CHARGE SHEET WILL BE PREPARED ONE SIDED.WE DONT WANT TO VISIT HYDERABAD AND DONT WANT TO DEFEND IN LOWER COURT.PLZ DO ADVISE HW TO GET OUT OF THIS PROCEDINGS.ONE LAWYER HAS SAID THAT HE WILL FILE CRPC 205 ,GET DISPENSE TO APPEARENCE BEFORE POLICE INSPECTOR AND LATER WHEN XCHARGE SHEET IS FILED ,HE WILL GO FOR QUASHING IN HIGHCOURT.

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4 Replies

Nitish Banka (lawyer) 14 September 2016

Go gor a quashingif cause of action did not arose in hyderabad please mail me the copy of FIR for detailed opinion at nitish@lexspeak.in

Pawan S (Advocate) 14 September 2016

498A is a non-bailable offence. Then how police office can grant you the bail ?

In the case of bailable offences, it is binding upon the investigating officer to grant bail. However, in case of a non-bailable offence, the police can not grant bail and bail can be granted by a Judicial Magistrate/Judge only.

sai narayana 15 September 2016

Here bail means 41A on condition of regular or whenever the SI (Investigation Officer) asks them to come to station for Investigation.

N.K.Assumi (Advocate) 16 September 2016

Ekta, apart from 41A Clauses (ii) of Clause (1) of Section 437 CrPc empower Officer in Charge of Police Station the power to release on bail in such case. That draconian Section 498a is only 3 years.