Harrassed _by _498a (Executive) 07 October 2014

Basis of giving permission to arrest under 498a and 406

Experts ACP of dist had denied to give the permission for arrest under 498a and 406 , but my wife went to DCP AND CRIED in front of DCP then dcp calls IO and ask what happened why you are not arresting thee accused he said I don't have ACP permission Dcp said take it and arrest but again acp said no will not give permission . what is the basis of giving or not giving permission for arrest? Already 3 months has been passed after registration of FIR.

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3 Replies

Rohit Krishan Naagpal (Advocate) 07 October 2014

Technically the permission is given on basis allegations which are corroboration by evidence but in relaity it is whims and fancies of the ACP . Permission will come soon or later.Apply for Notice bail and give evidences of falsity of the claim of Wife.

Regards

Rohit Naagpal

9212786555

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 07 October 2014

there is no specific rules and regulations, it is pure discretion of the Police official, if after seeing the application filed by the IO with the reason for arresting, if the Official is satisfied that there is any strong reason for arresting then the Official will permit otherwise not.

Harrassed _by _498a (Executive) 07 October 2014

As per guidelines acp can give the permission if acp has said take permission from court then what will happen ? Files goes to court or Dcp can give arrest permission ? And there is no evidence produced by my wife in support to her statement even in complaint she mentioned i m not giving her stridhan but the fact is i had already given a wriitem letter to return the stridharn under police supervision. She had also denied to record her satement with IO by stating that my complaint is my statement.