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Aditya Pratap Singh   03 November 2020

Is Re-inquiry on complaint U/s 498A to the police after Opinion of District Attorney of no offence being made out, legal?

In this matter, a complaint was made to the police for registeration of FIR against the family of husband on grounds of cruelty. The police proceeded with prelimenary inquiry and sent the file for opinion of the District Attorney, who opined that as there was a settlement between the parties and no change of circumstance has come up, no prima facie offence u/s 498A is made out.

The complainant moved application to S.S.P to have the matter re-investigated and the same was marked and this time the Deputy District Attorney suggested registeration of FIR as offence was found to have been committed. (After the earlier District Attorney retired)

Can the police proceed with re-inquiry on a prelimenary inquiry on an application by complainant ?


 3 Replies

P. Venu (Advocate)     04 November 2020

Legal opinions are meant for guidance of the authorities ; they are not binding.

Kishor Mehta (CEO)     04 November 2020

Under the existing Laws it is binding on the police authorities to file FIRs on receiving complaints from the wife.

Sudhir U Bandekar (LL.M)     31 December 2020

Without preliminary inquiry police can't file FIR.

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