What is procedure after 498a FIR is lodge?


My Father-in-law threatened me to file false case of 498a and other harassment charges.

My wife and my in-laws want me to live separately from my parents. Otherwise they will file false 498a and harassment case against me and my family members. There is no dowry tradition in our community.

My wife had left my home and not living in my house since last one year.

My in-laws has political and police support. On that basis they are threatening me. 

They said they will not file complaint if I leave separately from my parents.

But if I rejects their demand, I'm afraid they will file such case will all non-bailable charges with help of police.

Plz tell me procedure to get Anticipatory bail before filing 498-A with other harassment charges case.

 

What is procedure after FIR is lodge?


Can police imediately arrest me and my family?

 

Note: Currently She is not living in my house since last 1 year.

 
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My father-in-law also say that he will file FIR on such a day that I will have to spend whole weekend in jail and I may not apply for bail.

 

What if police arrested me and my family on friday?

 

Plz advice me. I'm in state of depression.

 
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Advocate

Reply to first question: Provision for Anticipatory Bail is under Section 438 of the Criminal Procedure Code, the relevant part of the Section reads as "Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for direction under this section that in the event of such arrest he shall be released on bail....."

Applying for anticipatory bail, before filing of FIR, is like a double edged weapon. Where anticipatory bail is sought before filing of FIR, in many cases relief may not be granted. Thus it is advisable not to apply for anticipatory bail, before any FIR has been lodged.

Yes, of course, once FIR is lodged against a person, such person must immediately apply for bail.


Reply to second question: After the FIR is lodged, the police has the power to investigate the case, which includes the power to take measures for the discovery and arrest of the offender.


 

Reply to next question: If an FIR is lodged against any person(s) specifically stating the offence of S. 498 A, the police has the powers to immediately arrest all or any of the persons named in the FIR, since it is a cognizable offence.


Reply to next question: Section 57of Cr.P.C. clearly mentions that person who is arrested without a warrant shall not be detained in custody for a period of more than 24 hours. Such person has to be produced before the Magistrate within a period of 24 hours. Any detention of such person beyond 24 hours will be illegal.

Thus even if the arrest is made on a Friday, or Saturday or on any other day, even if it is a holiday, the arrested person will have to be produced before the Magistrate within 24 hours of the arrest. Certain Magistrates are made to sit even on holidays, and in an extreme situation, the arrested person may be produced even at the house of the Magistrate. So what your father-in-law says that you will have to spend the whole weekend in the jail, is just to scare you, and put you under pressure, it is totally incorrect.

 


 

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Querist

Sonia is rightly advise 

 
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But S.498A is non-bailable, so magitrate can deny bail?

What should I do, so that I can get a bail ?

 
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DOCUMENTATION EXECUTIVE

very impresive reply...specially..

 

Reply to next question: Section 57of Cr.P.C. clearly mentions that person who is arrested without a warrant shall not be detained in custody for a period of more than 24 hours. Such person has to be produced before the Magistrate within a period of 24 hours. Any detention of such person beyond 24 hours will be illegal.

Thus even if the arrest is made on a Friday, or Saturday or on any other day, even if it is a holiday, the arrested person will have to be produced before the Magistrate within 24 hours of the arrest. Certain Magistrates are made to sit even on holidays, and in an extreme situation, the arrested person may be produced even at the house of the Magistrate. So what your father-in-law says that you will have to spend the whole weekend in the jail, is just to scare you, and put you under pressure, it is totally incorrect.

 
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Advocate

The term 'non-bailable' does not mean that bail will not be granted at all. It basically means that bail will not be granted to you as a matter of right, unlike bailable offences, where bail is a matter of right, i.e. the Court has to grant bail.

 

However, in non-bailable offences bail will be at the discretion of the court. Right now you need not worry much. File an application for anticipatory bail once you get to know that FIR has been lodged.

 
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but how one will know that FIR is filed against him. 

Do police tell the accused that we are filling FIR against you and you now can proceed for AB

pls reply

 
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Where, in which city arrest will happen?
Will police come 1000 km away to arrest and take to the different city PS or jail where FIR is lodged?

 
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