Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

supriya (home maker)     03 September 2013

Police investigation after fir for 498a

Hello members

i want to thank you all for your replies earlier.

We are expecting that the girl will file a FIR for 498a because she wants to know the whereabouts of my brother. Now the thing is the police may arrest or detain A2 my mother and A3 my father for investigation purpose and also the know aabout my brother.

Last time the police slapped my father, now he is sacred and i am also sure that this time my mother will also get slapped. If that happens then at this age they can resist and they will surely give their statement on he whereabouts of my brother. I want to know does the police use coersive methods for knowing th information on A1.

I also heard that DCP has jurisdictional powers and he can ask public prosecutor to cancel the bail of my parents, till my brother is found is it true?

At this time if we file for divorce is there any threat? should we file it?



Learning

 9 Replies


(Guest)

the girl will file a FIR for 498a because she wants to know the whereabouts of my brother

To know whereabouts of husband, filing 498a is not the resort. She have no intention to maintain any marital relationship ,only revenge.

police may arrest or detain A2 my mother and A3 my father for investigation purpose and also the know about my brother.

Once FIR registered Police need to call accused ones in the list or they might come straight to them to arrest. Before that approach hospital for medical certificate of their ill health. Let police know that they have no way of absconding but health doesnt compromise at this age, when they approach ur home. Until Get the Bail better to be at safe place.

  • Get FIR Copy from police
  • Get Case status report from police
  • collect proofs that no means of harm to anyone but to cooperate
  • No arguments with police

police slapped my father, now he is sacred and i am also sure that this time my mother will also get slapped. If that happens then at this age they can resist and they will surely give their statement on he whereabouts of my brother

  • Police cant slap anyone. They cant even touch ur brother as well. Google the Police procedure for arresting 498a 
  • If they did action should certainly be taken against them 
  • Why police slapped ur father???????? He shouldnt that means either ur SIL bribed the police to do so. 
  • Keep everything in record of the developments happening in police procedure. U can complain against them if they manhandle anyone
  • Ur brother is grown person so it is not ur parents responsibility to know his whereabouts all the time.
  • Your brother might be upset, scared to death...............
  • Write a letter to DCP stating about ur parents ill health and condition that they are not in age to do runabouts as they have permanent residents of the society, No Harm people.GET IT Stamped. ( you could use this to get Notice Bail...even before FIR is registered or atleast you could have proof that there is apprehension of threat from SIL.)

police use coersive methods for knowing th information on A1.

  • If police well bribed they might, but they shouldnt.It depends how well ur SIL wants to make ur suffer ur Brother
  • In my case my 498a wife ( which i married only for 2 months) i never beat her or do anything wrong. She made threat from police. 
  • She made my brother and SIL (who have an infant to look after) sit in PS although he is not accused because all the persons in FIR are missing according to the police. 
  • My 498a wife came to our home at night 1:30 with police to scare and beat me. took gold from home.As it is preplanned marriage to extort money from me. Then i understood its a trap for me. (this is before she file case and later police deny it)
  • U , Ur other sis, BIL all should be ready with letters to police , u have no way of anything to do with marital life ur brother. they all live seperate.
  • they might still take anyone in the home if ur mother brother father not available

I also heard that DCP has jurisdictional powers and he can ask public prosecutor to cancel the bail of my parents, till my brother is found is it true?

  • Write a letter to DCP stating about ur parents ill health and condition that they are not in age to do runabouts as they have permanent residents of the society, No Harm people.GET IT Stamped. ( you could use this to get Notice Bail...even before FIR is registered or atleast you could have proof that there is apprehension of threat from SIL.)
  • Bail is granted by judge knowing that there is warrant on accused.SO i think its highly impossible. 
  • And ur brother is not going to escape from law and order, why would he? he will apply for bail for sure.First priority is parents

we file for divorce is there any threat? should we file it?

NO ..i think its not advisable.  

I am not a lawyer..all learnings from this forum and self experince


(Guest)

Supriya ........i been through this all i know now is she dont love me. Its a extortion tool for quick money.

Dont mind if i ask he is the only son to ur parents?

supriya (home maker)     03 September 2013

Hi,

yes he is the only son to my parents and also tried to bribe the police because sometime back my dad gave a police complaint against my SIL which was again a mistake by us on suggestion of lawyer. She was called to police station and she came and gave all answers to the questions. The officer told my dad " chappal leke martu" next time idhar aaya to.

So not all officers are after money and at DCP level they dont entertain bribes. More over the DCP is an IPS officer. With highest rank and cadre. Nothing will work in his office only genuine people he helps. He is very strict and he first politely asked my father about my brothers whereabouts. When he was convinced we are wrong he slapped him. The officer is of the opinion that we are not giving divorce to the girl nor accepting her back and just torturing her by all ways and means.

My SIL doesnt want money ia m sure for that either she wants to punish my broother or stay with him. If she wanted just money then by now we would have been in jail. My brother has got no moral responsibility towards my parents to come and face the police.

He should not leave my parents in this mess and hide. Why should my parents support him in all this? I asked them to surrender before police and tell them the truth. because one day or the other truth will surface.

And being parents they never corrected him since childhood. Now also they feel that my SIL is wrong, but i think here my brothers upbrining is wrong.

If my husband would have done all this with me, i would have made his life hell. How can we expect my SIL to keep quite.

I am also fed up we gave money to lawyer he is giving hopes that nothing will happen.


(Guest)

I never said DCP can be bribed or not. As per your knowledge DCP level police can slap a elder person. And u justify ur SIL for that. 

It is really surprising me that u justifying ur SIL against ur dad get slapped. 

U r saying ur family involvement is not to give divorce to ur SIL. No one is stopping her to file for divorce right. She could always file for divorce on grounds  of cruelty and desertion ...they are all laws made for that.Its all right advised by Tajobsindia

Ur brother seems to have a problem with his behaviour u said.U think he is a criminal for that ?

I think either u should take ur family side or ur SIL side. But its really disturbing u justifying about ur own father getting slapped. U r a woman brought up by ur father. So ur father is not a dangerous towards woman.

I am all shocked to see ur reactions against ur family. 

Ur SIL may not want money as per she said. BUT Hello she lied to you. 498a is a extortion tool. Ur SIL is blackmailing u still didnt get it? 

please dont back ur SIL. Do u think ur brother ,mother and father are criminal?

 


(Guest)

And also DCP level person showing much interest in a marital issue. DCP is well aware of laws made for women.

DCP can straight advice to ur SIL to go and file for Divorce.

But she opted for 498a. DCP and ur SIL is giving options to ur brother either live with her or declare u and ur family are all criminals or divorce her. 

So its a threat or blackmail or what u call this ? 

I am saying it again No one is stopping ur SIL to go for filing divorce she can do that anytime. Its all about money. 

If you still didnt get it. GOD BLESS U. Ur brother seems to be right. 

Saurabh..V (Law Consultant)     03 September 2013

@Author,

 

I'm not much aware of the history about your case but it seems your parents are already on bail but your brother is on the run and yet not granted bail.

 

 

You may prefer Anticipatory Bail under section 438CrPC before court of sessions. If your application has already been rejected at Sessions Court then file an appeal before Hon'ble High Court.

 

As far as harrassment of your parents is concerned, you should immediately write an application to the IG or Commissioner (as the case may be) to seek his intervention in the matter. Clearly state in your application that your father has been slapped by Investigating Officer and now you fear threat to your parent's life and well being. Please do not forget to send copy of this letter to Chief Minister of your state, LG of your state and to the Chief Justice of the High Court of your state.

 

Please note, before you send this application, you should apply for bail for your brother.

 

All the best!

 

//peace

/Saurabh..V

 

 

 

 

 

 

 

 

SAM (LEGAL)     03 September 2013

FORMAT OF APPLICATION FOR OBTAINING INFORMATION UNDER THE RIGHT TO INFORMATION ACT, 2005 Application Form To, The Public Information Officer, ________Police Chowki, __________ __________- 401 107. 1. Full name of Applicant: MR. ---------- Address: _________ 2. Particulars of Information required: ----------- Police Station 3. Subject matter of information: Information regarding police complaint 4. The period to which information relates: ----------- till date 5. Descripttion of Information required: Details of Complaint 1. Kindly provide me the certified copy of the complaint lodged by my wife Mrs. ----------- D/o. Mr. ---------------- against me and my family members with the ---------- Police Station, --------------. This complaint was then marked to C.A.W. (Crime Against Women) Cell, ----------Police Chowki, ----------- for enquiry and is being processed by Sr. Inspector, Mr. ------------------- as I.O. 2. Whether any complaint is received against me in -------- Police Station, ------------- as well as ----------Police Chowky, --------- 3. Whether police have taken any steps in relation complaint lodged by me at ----------- Police Station,-------------.? 4. Details of such steps taken? 5. If no such steps taken then reasons if any recorded for not taking of any actions? 6. Provide me list of statements, list of dowry articles/stridhan 7. Particulars of Information Required on Cr. No: ________/2013 8. Please provide me the Station House Diary and Roll Call of Cr. No: _____/2013 starting from ___/___/2013 to ___/___/2013 and the entire case dairy details (communication documents between I.O, Inspector of Police and ACP). 9. Please supply me information on date, time & place of crime happened. 10. Please provide me I.O details, date, time & place of investigation. 11. As per the complainant statement, she left matrimonial house on _____________ due to harassment, please supply the address and time of the incident. 12. Please supply me Cr. No: ______/2013 Investigation/enquiry details (happened at crime place). 13. Please provide me Cr. No: _______/2013 case certified FIR copy, documentary evidences collected & Charge Sheet. 14. Please supply me certified copies of the documentary evidences collected by the I.O before fixing my family into the case (collected from Flat No.------------- for the allegations happened at ------------. 15. Please supply me information which are the allegations happened at Flat No.-------------------- 16. As per the complainant’s statement, they gave _____ lacks rupees cash and ____ tulas gold. Please provide those details given and the date of transfer of cash and documentary evidences collected by Investigation officer. 17. Please provide the documentary evidences or bank statements for the transaction of ________ amount. 18. Please provide documentary evidences or receipts for _____ Gold and on which date they have given to accused. 19. Certified copy of complainant’s medical or hospital records showing the physical harassment, mental torture. 20. Please supply me information on when Mr. ---------------(Father in Law) came to know about the incident (time, place and through which media). 21. Kindly supply information under which sections of the Cr.P.C., the investigation is carried out at ---------- 22. As per Cr.P.C- 177 to 181, investigation on the crime should have happened at the crime place (in the present case crime place is ----------------- Please provide me details whether this investigation is done as per the legal procedure. 23. Kindly provide me information under which section(s) of Cr.P.C or other supporting Act, investigation is carried out for the crime FIR._____/2013. 24. As per complaint, it is stated that me and my family members instigated to demand dowry, does this allegation, abetting demanding dowry attracts 498-A IPC on my family members. If answer is YES, please provide the supporting reference docs for the same. 25. All the allegations reported on accused persons happened at Flat No.---------------. For the investigation on the crime happened outside your FIR registered PS limits, needs Honorable Court cognizance under Cr.P.C (156 & 170) sections, correct me if I am wrong. Please supply me the permission received from Honorable Court by the investigation team to continue their investigation. 26. Kindly supply me information on the legal Act with section (sub-section if any) under which ------------Police Chowkie, ------------ PS can investigate (to file charge sheet U/s-498A IPC) for the crime FIR No._______/2013 happened at Flat No.--------------. 27. As per Cr.P.C-161 statements of the complainant’s mother and witnesses dowry is given at the time of marriage. Giving dowry and abetting giving dowry is also crime. Kindly supply information why police did not register the case against these persons. 28. Kindly provide me information on not collecting the neighbor’s statements at my house, Flat No.---------------. 29. Please supply me information when I.O met (date, time and place) my brother, parents and relatives (accused) and informed (with which medium) about the allegations on them during the investigation. 30. Please supply me the details of people with whom I.O met during his/her investigation. 31. Please supply me information why the complainant delayed to report the crime on _________August, 2013. 32. Please supply me the documentary evidences supporting the crime by my family. 33. Please send me the details (with bills) of the furniture that the complainant gave to us. 34. Please specify the duration of stay of the complainant with my family at Flat No.-------------- and also specify the address of stay. 35. Does any proof submitted to the police that show complainant lived with us. 36. Complainant’s Mother Mrs. ___________ says that ___ lack rupees dowry given at the time of marriage. Her father says ___ lacks dowry given. Which statement is considered to be true by the I.O before filing the charge sheet? 37. Does the I.O have given the opportunity to the accused to tell the facts with him/her before submitting the charge sheet in the honorable court? Please supply me the supporting evidence. 38. Please provide me why I.O not interested to collect the statements from neighbors at -------------- 39. Does it require collecting the statements from the neighbors at ---------------? 40. Please supply me information on “Jurisdiction” of PS in dealing the criminal cases. 41. Does your PS have the jurisdiction to file the charge sheet? 42. Does it required to inform the accused persons about the allegations on them. If answer is yes, does it happen in this case? 43. Do you admit that I.O failed to transfer the case to the respective PS, which has jurisdiction to entertain the case? 6. Whether information is required by post or in person: By Post 7. The actual charges shall be included in additional fees. 7. In case by post: (Ordinary, Registered or Speed post): Speed Post 8. Whether applicant is below poverty line: No Date: __________________ Place: _________ _________ Signature of applicant. Board category of the subject to be indicated (such) as grant of Government land/service matters/license. etc. Relevant period for which information is required to be indicated Specific detail of the information is required to be indicated

(Guest)

Hi Sam, 

Who can submit this RTI to whom?

what is the procedure to apply for this RTI?

Could you please give more information on this RTI?

Girish (Senior Manager Operations)     16 October 2013

Mr. SAM,

I think with this approach Police won't co-operate.

One more imp thing. You can't ask so much information under single RTI application as per new rules. 1 Query = 1 RTI Application with only max 150 words.

Asking Police / IO for statements of Complainant, her family  & withness when Charge sheet is not filed by Police is not possible.

Only after charge sheet it can be done. Even your Lawyer could take care of this.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register