LCI Learning
Master the Art of Contract Drafting & Corporate Legal Work with Adv Navodit Mehra. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

raj (CA)     17 December 2019

Filing of affidavit in 498a case where i am not a party

My Brother is an accused in 498A case against FIR filed by her and the case is pending in the district court. In the Police Chargesheet only my brother is mentioned as accused. Now my brother is missing for some period and neither he nor his counsel attend the date. Opposite party misguided the court by telling my rented address (in different State) as his permanent address. Police came to my rented residence and I issued my statement that my brother is not here and does not live here and I have no information about his location at this moment. Police official said soon NBW will be issued against my brother and if he is not found they will arrest me and release me only after I tell them about location of my brother (which I actually don't know as his mobile is switched off). Now what is remedy at my end ? Next date is fixed for January20. Can I file an affidavit in the court now or on the next DOH that my brother has no permanent address at my location which is a rented house and opposite party has misguided the court just to harass me. Kindly guide asap. Thanks and regards.


 2 Replies

Kishor Mehta (CEO)     18 December 2019

Police can not arrest you in the given circumstances, you should file an affidavit in the court to clarify the matter and importantly consult a practicing advocate in your own interests.

G.L.N. Prasad (Retired employee.)     18 December 2019

Indian Police are beyond law and logic, engage advocate and seek the court a remedy from such harassment from the police.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register