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Court ordered husbands arrest under 498A, police not arresting him
25-Feb-2023 (In Criminal Law)
My husband has been violent for many years with me and children. Now an FIR of 498a/406/34 has been registered against him. He applied for anticipatory bail, we opposed it and the bail was dismissed. The judge ordered the I.O to issue a 5 day notice to him(accused) for arrest but the I.O has not done anything. How will he be arrested? The prosecutor also mentioned an addition of sec 307 IPC in the case.
We can file an application under section 200 crpc to arrest the accused.
This provision allows magistrate to direct the police officials to arrest the accused for the purpose of investigation and compile Chargesheet.
For further info. feel free to have a word with me
All the best
This provision allows magistrate to direct the police officials to arrest the accused for the purpose of investigation and compile Chargesheet.
For further info. feel free to have a word with me
All the best
Helpful?
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Adv. Sahej Uban
Delhi | 500+ Answers
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When court has asked I O to give five day notice it means when ever you get notice you can approach Court again for bail and the I O has to explain why custodial introgation is required.it has to satisfy the court.However I O can always ask the accused to join investigation.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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Peosecutor must have made an application for addition of charge along with 498A etc. If the IO has not not arrested the accused he will state in the court reason for not arresting and you may insist in the court to declare the accused as proclaimed offender and initiate the proceedings of 82 crpc
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Adv. Ankit Khanna
Delhi | 25+ Answers
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Given a application against the accused and if the io done never strict action against the accused then reqst to the court take a action against the and reqst for change the io in the case of 498a mostly court issue the warrent when accused never given positive response.
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Adv. Vaibhav
Delhi | 25+ Answers
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Dear mam,
Please let me know if charge sheet has been filed by the I O in the matter or not ? How did you get knowledge that IO had done nothing? He has to follow the procedure. Just confirm all these things charge sheet and addition of section 307IPC in that to get any advice.
Please let me know if charge sheet has been filed by the I O in the matter or not ? How did you get knowledge that IO had done nothing? He has to follow the procedure. Just confirm all these things charge sheet and addition of section 307IPC in that to get any advice.
Helpful?
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Adv. Puja Shrivastava
Delhi | 100+ Answers
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