25% OFF on all LCI Courses. Offer valid till 5th Oct. Use Code: DUS25
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kulveer ( )     29 March 2010

Process of Police in 498A

Hi,

 

Just want to know if my wife lodges complain against me and my family us 498A, DPA etc then what is the procedure Police follows. Will they arrest us immediately or first they simply write the complain & lodge FIR after some investigation only. I want to know this so that I can apply for arrest stay in Allahabad HC as no AB provision is there in UP.



Learning

 7 Replies

Mohd Musabbir Ansari (Legal Practice/Litigation New Delhi 09582547570 )     29 March 2010

Dear thre is no such thing like arrest stay. 498-A is a non bailable offence. So Police has power to arrest you without warrant. Please engage a good lawyer and dont wait when your wife will lodge FIR against you. Prepare your case first. You must lodge complaint against your wife causing cruelty upon you and not performing matrimonial obligations and threatening you to implicate in fase and fabricated case of domestic violence. and have a copy of this coplaint in your possession. this document will help you at later stage when your wife lodge a complaint against you.

for further help you kmay contact me 0n- advocatemusabbir@gmail.com 

S.B _Kolkata (Service)     30 March 2010

The Police, The Laws And Your Rights:

 

Until your case ends up in the trial court, the police will be your primary adversary. This is what the SSP of Haridwar, Abhinav Kumar IPS, has to say about the Indian Police force (https://tinyurl.com/2zev8w):

 

“Let me start with the police. They remain primarily an instrument of asserting state authority against whosoever is perceived by the Leviathan to be the most immediate threat. In return for servility and acceptance of the beast’s priorities, they are permitted to prey on the weakest and most helpless sections of society. A police station in India is a sordid monument to the worst in human nature. The squalor, the pressures, the often thankless nature of police work would all be bearable if one felt that the police were genuinely enabled to enforce the law and protect the weak and helpless.”

 

He uses the term leviathan; I would have used the phrase, “reigning political establishment”.

I hope you now understand the nature of the Indian police force.

You will be able to deal with them if you know your fundamental rights, the laws and judgments governing the Indian police and are informed about the process of Indian criminal justice.

 

Legal systems all over the world have been based upon the common maxim of “ignorantia juris non excusat”, which means that ignorance of the law is no excuse. The principle, had first originated in the Code of Justinian the great centuries ago. By the time you are done reading this section, you will know more about your rights and the limitations on the powers of the police than the police themselves. When the police feign ignorance of the laws, you should be telling the police, “ignorantia juris non excusat”.

The Supreme Court Of India is the final arbiter over and interpreter, of all laws. The interpretation of laws is done through judgments. Here are some Supreme Court judgments that detail your Fundamental Rights and some other laws that will be useful in fighting your 498A.

S.B _Kolkata (Service)     30 March 2010

The police will say that 498A is a cognizable offence. By cognizable, it means they have to REGISTER an FIR and INVESTIGATE, not arrest the accused immediately.  Think about it. If a king has been stripped of his power to arrest without cause 800 years ago, how can the police in a democracy claim to have that power?

Keeping these judgments in mind, I am interested in seeing how a grandmother or a grandfather, young nieces and nephews, married and unmarried sisters and parents, without a prior criminal record, can fall into any of the categories described by Justice M.N. Venkatachalliah.

To summarize, the police have discretionary powers to arrest, but they need to justify the arrest and Supreme Court and High Courts judgments have established that some investigation must be done before an arrest is made and even then, only if necessary.

s shukla shukla (employee)     03 April 2010

police se ladai karke kaha jaoge

bhupender sharma (head)     03 April 2010

u can approach the Hon'ble High court of Allhabad under section 482 Cr.P.C. and ask for stay of arrest. Every state has its own amendment inaccordance with the situation and circumstances u better seek advise of the local lawyer.

lal mohd. (Sub_Inspector)     04 April 2010

Dear Sirs,

I have complained he matter against the Bharat Gas for not issuing me Gas connection whereas thepersons fall after me in list of waitng have issued in the year 1999, after this it was issued , and later on the owener of the agency not issued me DBC and even not replaced the Faulty regulator and  I againa filed the comlpaint against him and also called its results throgh the RTi But no respnse recieved from the authorities. till to date.

Kindly let me know the option for this to proceed  first to CIC, to Consumer court or to file writ  in the high court or a case in the civil court. Pl send your reply to me at my personal ID........lalmhdagarh@yahoo.co.in

 

Thanks

 

Yours sincere,

lal MOhd

Kiran Kumar (Employee)     28 April 2010

Do we have any judgements which points that the arrest should be made only after certain investigation in 498a & 3,4 of DP Acts ? Kindly post such judgements if available.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query