Surya (Manager) 14 October 2012

Ipc406 - red corner notice

Hi,

My wife filed 498A, 406 and 420 on me and on my family 4 months back. My family in India took AB. Me and my brother are Staying in US. Now police threatening my mom that they will issue red corner notice for me even though Interpol is not accepting for 498A ,but with 406 they can make it happen. Police were saying the reason to add the section 406 is only to issue red corner notice. I came to US just 7 months back and couldn't go immediately to India due to leave issues, and planning to go in 3 months. But police are demanding me to come immediately other wise they will inform all airports and when I land in India they want to arrest me at airport to defame me.

My question is, without even informing me abt the case (not even filed the charge sheet) how can the district SP sign the notice to issue red corner and inform all airports. In fact I am not absconding or planning to escape from this false 498A. Officially I didn’t receive any communication from police abt this case. I am thinking technically it doesn’t necessary that I know abt this case even if my family got the AB. Please correct me if I am wrong.

Is the section 406 has that kind of power? Is there anything that I can do to counter this red corner initiative. I am from Andhra Pradesh.

I really appreciate your valuable advices.

Thanks!!

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8 Replies

**Victim** (job) 14 October 2012

@ Surya - I am not a lawyer however i have gone through the situation through which you are going. Let's talk about IPC 406 first and then we will discuss about RCN/LOC....

IPC 406 is the case against husband (INLAWS) in case if they are in possession of stridhan. Basically it's a criminal breach of trust. If your wife is in possession of stridhan no case is made out here. There are some ingredients required in order to proceed in IPC 406 case. 1) Stridhan 2) Stidhan should be with husband 3) Your wife has to prove it........now coming to the customary threats given by police officer. Your wife and police officer know that your wife won't be able to prove such false case in court. The reason police officers are harassing you is because they know that no case is made out and they just want you to come to india and then they will extract money from you.

IPC 406 is in talk lately when it comes to matrimonial disputes. According to SC order when it comes to 498 (a) no RCN is to be issued because most of those cases are false. However there is no judgement that i know that says no RCN to be issued in IPC 406 cases. SC has very strict guidelines when it comes to issuing RCN and matrimonal disputes are not one of them. Now if police officer is trying to harass you then you should tell them to find out the truth about the case then only you will talk.

My Suggestion - If you are in U.S. call me i can guide you a little bit in order to tackle this problem.

MADURAI LAWYER (LEGAL CONSULTANT) 14 October 2012

Dear Sir,

I am really sorry for your unhappy matrimonial life which has invited trouble not only to you but also to your aged parents. However, you don't have to come down to India merely because the Police Officer is instructing you to do the same. You can send your representation to the Police and other related authorities from there itself and also by engaging a competent but genuine lawyer to contest your case in India.

If you want to speak to me for any clarification, You can call me up on 9842197857.

https://jeevaganadvocate.com/contact.php

mahendra (d) 14 October 2012

look dont worry but first talk to your parents and get a advocate who can deal with the police .They cannot issue any red corner notice but you might have to spend some time to fight this case see to it that no spat happens between your family and your wife because this will be ground for instant arrest okay .