Shanna 04 September 2015
SAINATH DEVALLA (LEGAL CONSULTANT) 05 September 2015
498A and DV case can be filed before local magistrate .contest case on merits . file detailed reply denying allegations made in complaint.If the complaint is filed dirrectly before the court,then at the first instance the court will record the statement of the complainantor demand an inquuiry report from the police u/s 200/202 of crpc,and after that if the court thinks it fit that there is prima facie case has been made out then issue the summon/notice to all the accused in the case.Then the case will start and the accused will have to appear before the court on the date fixed,until and unless there is any stay or another relief granted to the accused by the high court or the sessions court.
The court may refer the matter to the concerned police station in which the cause of action arose.
Hence better to go for AB.
Shanna 03 October 2015
so in private complains, is FIR filed at any stage? the court case is at appearance stage....
SAINATH DEVALLA (LEGAL CONSULTANT) 03 October 2015
The court will direct the Police to register FIR and file the chargesheet.In cases where a private complaint is filed in a Court of Law, the complainant is given a Criminal case number and must be registered in the register of criminal Cases immediately after the complaint is filed in the Court.