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Afthab أنور   16 August 2023

False dowry complaint registered in police station, police calls me to appear, it's not in my state

False dowry complaint registered in police station, police calls me to appear, It's not in my state.I'm from kerala, complaints filed in Andhra state police department 

Police calls me to come to thier police station, should I go? Will they arrest me?

As per DP act if both giving and taking dowry is an offence, so my query is even though there is no dowry in our marriage, but they files such a complaint they too are guilty as per DP act?

 

Read more at: https://www.lawyersclubindia.com/forum/create_message.asp



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 7 Replies

Real Soul.... (LEGAL)     16 August 2023

How come the complaint is filed in Andhra ,if you are currently stated in AP then you should comply with them. If you apprehend arrest then better to get an anticipatory bail.

Afthab أنور   16 August 2023

Wife belongs to Andhra .Police just called to come no notice under sec41A served

T. Kalaiselvan, Advocate (Advocate)     16 August 2023

Police has to send a notice under section 41A cr.p.c..

You may inform the police that you are busy in y0ur professional commitments hence to grant time  and remain silent after that. 

don't pick the call from police  

Afthab أنور   17 August 2023

Thanks Advocate

Few more query

 

If she files false case with DP3/4 Only is it compulsary to serve notice as per section41A CrPC?

Will it covered under 498a IPC?

Both will work in parallel or not?

Burden of proof on DP 3/4 on whom?

 

Thanks

P. Venu (Advocate)     17 August 2023

When a complaint is registered, the Police authorities are  duty bound to investigate and you are required to cooperate. 

Sudhir Kumar, Advocate (Advocate)     19 August 2023

Police calls me to come to thier police station, should I go?

 

DO YOU HAVE A CHOICE?

 

Will they arrest me?

 

TJIS FORUM CANNOT ACT AS SPOKESPERSON OF THE POLICE. THEY MAY OR MAY NOT ARREST.

 

As per DP act if both giving and taking dowry is an offence, so my query is even though there is no dowry in our marriage, but they files such a complaint they too are guilty as per DP act?

 

LAW DOES NOT SET ANY PRECEDNCE FOR VICTIM TO BE PROCEEDED AGAINST.

 

if she files false case with DP3/4 Only is it compulsary to serve notice as per section41A CrPC? Will it covered under 498a IPC? Both will work in parallel or not? Burden of proof on DP 3/4 on whom?

 

CRpc IS A PROCEDURAL LAW.  IT GOVERNES THE PROCEDURE AS TO HOW INVESTIGATION/ PROSECUTION /TRIAL SHOULD BE CONDUCTED.

 

IPC AND DP ACT ARE SUBSTANTIVE LAW WHILE DEFINE OFFENCES AND PENALTIES.

Laxmi Kant Joshi (Advocate )     20 August 2023

Whenever police will  call you , you must go and cooperate in  the investigation  , prove yourself innocent in that case and get rid from it .

before registration 498a case police must give you 41a notice .


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