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Aravind Chennuru   05 December 2021

False 498a case was filed with no due process

Hi,

The public prosecutor is telling the judge that they tried to contact me to inform about 498a case but there is no proof that they tried to contact me. Is there anyway to request the courts to know what was the process followed to try to contact me regarding filing a case against me. How can the LOC be issued without informing me about the case? I have been trying to get this information but there is no help from anyone, even my lawyer is not able to provide this information.

1. Can we ask the judge on the first hearing to reveal the details on how the judge came to the conclusion that the case notifications were sent to me and received by me?

2. What was the process followed by the complainant's lawyer or the Investigation Officer to try to contact me?

3. Can I ask the court on how they can accept statements like this without proper proofs on my first hearing date?



 1 Replies

Megha   08 January 2022

Hi,

Section 498A of the Indian Penal Code, 1806 read with section 41 of Code of criminal Procedure, 1973 is silent on whether a prior intimation should be made before making an arrest under section 498A.  The intention of section 498A is to nab an absconding victim and prior intimation may only lead to further evasion of an arrest by the alleged offender.    

However, as a remedial measure you may apply for an Anticipatory Bail to prevent arrest immediately on arrival.  

Best regards,
Megha


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