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How to proceed with case under section 498A IPC
26-May-2023 (In Family Law)
SIR, I FILED A 498 CASE IN PS DURING NOV.16. BUT THEY DID NOT SUBMIT THE CHARGE SHEET IN THE COURT TILL NOW.. EVEN IN MY CASE THEY ARE NOT INCLUDED MY HUSBAND NAME IN THE FIR..THEY INCLUDED MY AUNTI'S NAME ONLY AND SHE GOT A BAIL FROM HON'BLE COURT WITHIN 20 DAYS... AND THEY TAKEN STATEMENTS FROM NEIGHBOURS AND RELATIVES.. BUT STILL NO ACTION IN THE CASE....NOW MY QUESTION IS..(1)AS PER MY KNOWLEDGE ANY CASE SHOULD BE CHARGE SHEETED WITHIN 90 DAYS IN THE COURT..IS IT CORRECT? (2) NOW IS THERE ANY POSSIBLE TO FILE 498a AGAIN IN DIFFERENT PS? (3) I WANT INCLUDE MY HUSBAND NAME ALSO IN THE 498A, CAN I? (4) WHAT STEPS SHOULD I TAKE TO PUNISH MY IN LAWS FAMILY AS PER LAW? PLZ ADVISE ME..
Hello,
1. It is not mandatory for the police to file the charge sheet within 90 days from the date of registering the FIR. Since the accused or anyone named in the FIR is not in judicial remand, they will drag the process and can take time to file the charge sheet even after 2 years from the registering of FIR. Please note that charge sheet is submitted by the police in the court when investigation is completely over. As you are feeling that the police is delaying the time and not filing the charge sheet in time, approach the same Magistrate court where the police submitted the case file of the 498 A and file a petition for a direction to the police to complete the investigation without any further delay and submit the charge sheet as soon as possible. 2. You have to file the complaint of 498A from the same place and under jurisdiction of same PS where the violence took place. If you lodge a complaint with different PS, then your husband and in-laws will be referring the earlier complaint to the PS and police will reject your complaint. 3. If you want to include your husband in the 498 A case, file an application under Section 319 Cr.P.C. before the magistrate after filing of the charge sheet in order to include your husband's name as accused person. However, such application will be decided on merits and upon your advocate's strong representation. Feel free to contact me if you need any help.
1. It is not mandatory for the police to file the charge sheet within 90 days from the date of registering the FIR. Since the accused or anyone named in the FIR is not in judicial remand, they will drag the process and can take time to file the charge sheet even after 2 years from the registering of FIR. Please note that charge sheet is submitted by the police in the court when investigation is completely over. As you are feeling that the police is delaying the time and not filing the charge sheet in time, approach the same Magistrate court where the police submitted the case file of the 498 A and file a petition for a direction to the police to complete the investigation without any further delay and submit the charge sheet as soon as possible. 2. You have to file the complaint of 498A from the same place and under jurisdiction of same PS where the violence took place. If you lodge a complaint with different PS, then your husband and in-laws will be referring the earlier complaint to the PS and police will reject your complaint. 3. If you want to include your husband in the 498 A case, file an application under Section 319 Cr.P.C. before the magistrate after filing of the charge sheet in order to include your husband's name as accused person. However, such application will be decided on merits and upon your advocate's strong representation. Feel free to contact me if you need any help.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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Hi
It is technically not possible to include the husband in the FIR especially in a 498a case.
So in all likelihood the reason for police not filing a charge sheet might be on the grounds that husband has been omitted in FIR.
So you should submit a further statement to the investigating officer under Section 161 of the Cr.P.C.The police officer conducting investigation will examine that issue and if there is sufficient evidence against such persons, their names will be shown as accused persons during investigation and they may be charge sheeted by police, depending upon availability of evidence against them.
Based on your fresh statement, police after investigation add the name of your husband in the FIR and in the charge sheet under Section 319(1) of the Criminal Procedure Code, 1973
It is technically not possible to include the husband in the FIR especially in a 498a case.
So in all likelihood the reason for police not filing a charge sheet might be on the grounds that husband has been omitted in FIR.
So you should submit a further statement to the investigating officer under Section 161 of the Cr.P.C.The police officer conducting investigation will examine that issue and if there is sufficient evidence against such persons, their names will be shown as accused persons during investigation and they may be charge sheeted by police, depending upon availability of evidence against them.
Based on your fresh statement, police after investigation add the name of your husband in the FIR and in the charge sheet under Section 319(1) of the Criminal Procedure Code, 1973
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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