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Kiran Kumar   16 May 2025

Doubt on court proceedings

In my case my previous so called wife, gave complaint in three different police stations but none filed fir or CSR stating lack of truthful facts.  Her lawyer is telling me that , they are going to file 498A in court.  Is it possible to file 498A directly on court with fir. Is csr or complaint via registered post with acknowledgement sufficient for approaching court directly ?



 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     16 May 2025

She can directly handle the case under Section 498a without a police complaint.

T. Kalaiselvan, Advocate (Advocate)     16 May 2025

if the police is not entertaining the criminal complaint she can very well file a private criminal complaint before the concerned judicial magistrate court UNDER Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023.

This section mandates that the magistrate examine the complainant and witnesses under oath to determine the validity of the complaint.

After this examination, the magistrate can choose to issue a process, dismiss the complaint, or postpone the process for further inquiry. 

Dr. J C Vashista (Advocate )     17 May 2025

Originally posted by : Kiran Kumar
In my case my previous so called wife, gave complaint in three different police stations but none filed fir or CSR stating lack of truthful facts.  Her lawyer is telling me that , they are going to file 498A in court.  Is it possible to file 498A directly on court with fir. Is csr or complaint via registered post with acknowledgement sufficient for approaching court directly ?

You have mentioned in the facts, inter alia, that, "In my case my previous so called wife,......" what do you intend to communicate qua your relation with the lady, whether she is your ex-wife, or in-relation or some other relation ??

Further you have stated, inter alia, that, ".....gave complaint in three different police stations but none filed fir or CSR......" how did you come to know when her complaint is not entertained by either of the 3 different police stations ???

Some other facts posted in the query make it a fabricated time pass story. 

Kiran Kumar   17 May 2025

Because we went to all the police stations for inquiry by the officers.  After enquiry they asked her to proceed in court and did not filed fir since they found what she is telling are lies despite her having a good contact with the police

T. Kalaiselvan, Advocate (Advocate)     17 May 2025

If the police has not entrtained her complaint then she can very well approach concerned judicial magistrate court with a private criminal complaint.

The court will then examine the complaint, witnesses on oath, and evidence before deciding whether to proceed to determine if there are sufficient grounds to proceed. 

If the magistrate finds no sufficient grounds, they may dismiss the complaint. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 May 2025

What exactly do you mean by "so called wife"?


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