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What happens if a FIR is filed under 498 A
11-May-2023 (In Criminal Law)
My wife has threatened me with a FIR under 498 A. We had a small argument and she left the house with our kid. How will i come to about the FIR? Will i be arrested straight away? What does the police do after lodging the FIR? How should i be prepared for it? Please help! hindu male.
If your wife will lodge FIR that will me in a Police Station where she is presenting residing or where you are residing so you can ascertain form these police station whether any FIR has been lodged against you.
On lodging the FIR first of all Police will ascertain it their end as to whether there exits prime facie any case under Sec 498 A and thereafter if they are satisfied about existence of the case, they will call you for investigation before arresting you. Nowadays police cann't straight away arrest you.
After ascertaining the fact that any FIR has been lodged against you, you may apply for your anticipatory bail, if required before the District Judge.
Need for anticipatory bail will only arise if you apprehend that there exit a case or sufficient reasons for your arrest for offense under sec 498 A.
On lodging the FIR first of all Police will ascertain it their end as to whether there exits prime facie any case under Sec 498 A and thereafter if they are satisfied about existence of the case, they will call you for investigation before arresting you. Nowadays police cann't straight away arrest you.
After ascertaining the fact that any FIR has been lodged against you, you may apply for your anticipatory bail, if required before the District Judge.
Need for anticipatory bail will only arise if you apprehend that there exit a case or sufficient reasons for your arrest for offense under sec 498 A.
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Adv. Rajendra Arora
Jaipur | 25+ Answers
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Dear this is a section under which any person who tortures his wife or wife of his kin for dowry the same time it is a serious type of offense and police has power to arrest under this section if complain is made without warrent. You can talk to your wife in a good atmosphere and don't loose patience I feel things will be settled. But if you want you can take help of an advocate.
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Adv. Devesh Tripathi
Jaipur | 100+ Answers
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No you can not arrested directly. in sec 498(a) of ipc if fir chalk out than police will call you and they try to settle the natter if matter will not shorted out than they will ask her dowry items. you should provide than the dowry items otherwise your bail will not granted or there will be a lot of problem abou bail.
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Adv. Raj Kumar Saini
Jhunjhunu | 100+ Answers
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