LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Puneet (Victim)     17 April 2015

Role of public prosecutor in 498a

After 498a FIR was registered on me and my family we applied for AB for my family and the Public Prosecutor tried all his best to stop us from getting AB as after reading the FIR one can clearly see its all false and same template used by lawyers.


Now my question is the Public Prosecutor is fighting for the State and he is paid regular salary and its not like a Private Lawyer who earns something with the case then why a Public Prosecutor behaves like this.Does this mean he is bribed by the girls family or he is under some external influence.


After one procures AB is that possible for the Public Prosecutor or the Police to get our AB cancelled in any way if the girls family bribes anyone ?



 11 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     18 April 2015

Sir, PP's job is to oppose the bail and yes they can apply for cancellation .... Its not like he was bribed or something ..... Warm Regards Kapil Chandna Adv 9899011450

Advocate Ravinder (Advocate/Attorney)     18 April 2015

It is the duty of the PP to defend the girls side.  And it is your advocate's duty to answers the questions raised by the PP. This is a normal procedure.  why you unnecessarily doubt the judiciary system. Though there may be bribing by some PPs, but it does not mean all PPs are like that. Think positively.

Rahul Kapoor (Legal Enthusiast)     18 April 2015


PP is a neutral party. His duty is only to assist the court not to take any one's side.

there are catena of SC judgments which speaks the same.


Every aggrieved accused finds fault either with the PP or the judge for the proceedings. What was UR advocate doing all the while remaining a mute spectator, he has every right as an advocate to oppose the PP's version.

Puneet (Victim)     18 April 2015

My parents are over 80yrs old and my brother is married living separate with his family in other city and never lived with my wife and my sister is unmarried and study in different city also not lived with my wife and i am in Australia and due to issues with my wife from beginning itself i never applied for her visa.


The AB was applied in lower court for my parents and siblings but the PP wanted to get all my family members arrested so i will come to India and the Judge also fully supported him saying  the son will definitely come when family is arrested and rejected their AB but they got AB from higher court and could avoid the arrest.

What i find is to bring me to India  the Judge supporting the PP to get my family arrested this i find strange and even my advocate said it seems the girls family put pressure on them either with money or political power.

I read as per SC  there should not be any arrest in 498a case but even this is not being followed  and lower courts are blindly ordering arrest.


Earlier U have not mentioned that U were in Australia. That must have been the reason for UR wife and IN Laws bent upon UR presence for obtaining bail. No judge will go as per the wishes of the PP or the defence lawyer . UR mistaken. The power of 498A is such that  the matrimonial family would be put to shambles

Puneet (Victim)     19 April 2015

@Sainath devalla so as per you 498A is so powerful law that nothing can be done and the husband and family should give up all demands to this extortion and there is no way to fight for false allegations


What i want to ask is when the husband not ready to come to India then does Indian court arrest his parents and siblings as hostages to bring the husband to India ? If yes then what is difference between Indian legal system and terrorist who get people as hostage to fulfill the demand.



Don't get exited, It dosen't mean just because UR wife has filed 498A,UR family should fall on her feet for mercy. But initially UR family has to undergo the procedural problems as per the act. This is not the end of it.U have to fight UR case on merits and prove that he case is fabricated.The court cannot wait for UR arrival in India and then start the proceedings.

T. Kalaiselvan, Advocate (Advocate)     25 April 2015

@Puneet: First of all you are under misconception just because your people are under trouble. But did you ever think about the underlying fact that why they are under trouble, it is because of you, well, it is your wife who has given a complaint due to which they suffer.    Your notion about the PP and  the judge is totally wrong. You have ventured your grievances merely out of the hearsay information instead of having a look at the practical situation or issue. The PPs job is to prosecute on behalf of the state, he is paid for it, hence he is justified in opposing the bail application because the state is prosecuting you and not the girl.  The girl approached the law enforcing authority seeking justice and action as per law against the offenders, so the law enforcing authority on enquiry finding that the girl has been offended, is taking up her cause through court.  The judge will pronounce verdicts n the merits and not on the desires of the parties to the case. I agree that the role of corruption playing havoc cannot be ruled out but without knowing the facts, one cannot speak whatever he feels like about anyone.  Especially when you say Indian Legal system, it means you are blaming the entire country doing harm to you (?), please control your language when you refer something which may affect the country's name in such public portals like this.

Your curiosity should not land you in trouble. If you feel that you are very honest and have done nothing against her, why dont you come here and face them and express your innocence and get yourself as well as your parents freed legally (?)

Have confidence and faith in law, you will get justice, have patience, do not vent out your anger this way which will backfire and harm you, avoid expressing anguish in public.

TGK REDDI (No designation)     27 May 2015

Shri Rahul Kapoor's comment is nice.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 May 2015

In a 498A case, as in so many other cases it is prosecution because it is considered as a crime against Society and  the State is the aggrieved party. The public prosecutor is being paid by the Government. But he has to be as sincere and dutibound to his client (the Government) as any other lawyer engaged by a private party. It is wrong to get angry with the lawyer of the opposite party. He is only doing his duty. It may be possible that tomorrow there may be a case where the public prosecutor is fighting your case.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register