Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Manoj Kosi (Teacher)     19 May 2012

Can police reject a 498a complaint made by wife?

Can police turn down (reject) the 498A complaint made by girl based on evidence provided by boy's family during their investigation?

Now every lawyer has its own view regarding this. Some say that police will definitely launch FIR no matter if boy's family is innocent. While some say that police cannot file FIR if they know that complaint made by the girl is fake and has no truth in it.

Please suggest if police has the right and power to say NO to a girl and even take action against the girl family for making false complaints?



Learning

 30 Replies

rahul (director)     19 May 2012

Police can say NO to register FIR. ask police to do full investigation.

 

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     19 May 2012

Its depand on police verification. If the facts is not true then the police can be reject the application.

R K........ (Analyst)     19 May 2012

Police will have to file an FIR but arrest will not take place without any concrete proof.. Arrest will be on merit or police will give you some time to arrange for Anticipatory bail

 

Manoj Kosi (Teacher)     19 May 2012

Is anticipatory bail easy to get in a case where boy has enough evidence to prove that he and his family are innocent i.e. they neither asked for dowry or misbehaved with the girl?

Some lawyers tell that boy's bail is difficult and he may have to stay a few days in jail before he gets bail from higher courts?

Also can police take action against girl family for making fake complaints? Is there any punishment for girl and her family for making fake complaints?

R K........ (Analyst)     19 May 2012

Police can't take any action against girl, even by knowing that sh is wrong.. this is a flaw in our law

Yes its diffficlut to get anticipatory bail for boy, but an experienced lawyer can make a good ground for getting bail.. it might take 10-12 days also..

Manoj Kosi (Teacher)     19 May 2012

Thanks R.K. for your feedback.

1) Why the Governemnt, Supereme Court, and human right organizations are not doing anything to remove these flaws in our judicial system?

2) Why only the wife is treated as WOMEN by our law? Why the court does not treat boy's mother, his pregnant sister, his aunties as WOMEN?

3) Why thousands of lawyers, judges, and politicians are NOT doing anything to give equal rights to MEN and remove these flaws?

4) Where is Government's famous slogan 'Ladka ladki ek samaan'? Why is this discrimination against men and their families?

5) Is it a SIN to marry in a religious country like INDIA? 

What is going on in our country? It looks like we were good under the rule of Britishers, at least they were not illeterate and stupid like our politicians. 

Thank you.

cm jain sir (ccc)     19 May 2012

Dont beleive police much until unless u have some influential contacts there.

498a wiil be registered as it is a SONE KA MURGA for them.

R K........ (Analyst)     20 May 2012

Dear Manoj

 

1) Vote bank Politics

2) This is not true.. in most of the arrest cases, women related to boy get some liberty

3) ------------

4) Agin for Vote bank

5) YES

R K........ (Analyst)     20 May 2012

Don't worry.. The day u start feeling that police is going agiinst you.. apply for anticipatory bail.. avoid it if u think police is supporting you


(Guest)

If police think fit that there is no ground to submit charge-sheet in court than he can dismissed  498A. and submit final report in court.

Anjuru Chandra Sekhar (Advocate )     20 May 2012

After filing of FIR and investigation process police will submit police investigation report to magistrate.  In that they may either recommend for trial or they may say no case is made out to send accused for trial.  They have right to give their opinion.  After that, based on police report, magistrate will decide whether to accept the recommendations of police or not. If he feels the final report is not based on full and thorough investigation, he will again order the police to make further inquiry and submit the report again.  After police submit the final report the magistrate can either accept it or reject.  In other words if police recomment for trial, he may accept it.  If police do not recomment for trial, he may reject those recommendations and order the trial.

rajiv_lodha (zz)     20 May 2012

Yes, police can very well turn down her FIR request based upon ur/her statements n can give closure report that no case is made out.

Lady can move to court U/S 156 (3) saying that why police rejected her complaint & FIR should be lodged.

If anybod gives FALSE INFO to police to harm other, the aggreived fellow may give application to impose Sec 182 upon the false-complainant...........................But it rarely suceeds!

R K........ (Analyst)     20 May 2012

Mr Rajeev

 

In this case can the girl move to some other city and lodge a fresh complaint instead of moving to court ?

pinto (sec)     20 May 2012

why should you be afraid if you are right?

if you have not been cruel to her she will have no proof against you.


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