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Accused u/s 498a IPC be arrested on the day of 498a first hearing


04-Oct-2024 (In Criminal Law)
Hi Court has taken cognizance of the 498A case and issued a summon to appear on 12th of June. my fear is when I appear on the date of Summon on 12th of june. Will i be arrested by Police. I am also applying for an anticipatory bail in the mean time. My question is if the bail gets rejected and I appear on the 12th of june. Will i be arrest in 498a ?
Answers (5)

Answer #1
378 votes

In a 498A case where a woman accuses her husband or in-laws of cruelty the first hearing usually deals with preliminary procedures. During this stage, the court reviews the complaint and may issue summons to the accused. The accused can appear either in person or through their lawyer. The court may also consider referring the matter to mediation in an attempt to resolve the issue amicably before proceeding further.Yes, police can arrest, but it?s no longer an automatic process. Following Supreme Court guidelines, a preliminary investigation is now mandatory before any arrests are made. In most cases, there's also a two-month "cooling-off" period, during which a Family Welfare Committee (FWC) reviews the complaint. Arrests generally occur only if the allegations are found to be credible and serious after this review.

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Advocate Siddhant Sharma

Adv. Siddhant Sharma

LawRatoDelhi | 200+ Answers
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Answer #2
767 votes
Don’t appear in the court on 12th as you have applied for anticipatory bail so wait for the hearing and if it’ gets rejected then move to the High court against rejection and I believe that you will get favourable order
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Advocate Jorong Sanga

Adv. Jorong Sanga

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Answer #3
695 votes
Since 498a is cognizable offence, you could be arrested,it is advisable that you should not appear without having interim protection. If your anticipatory bail gets rejected then file the same before the higher/appellate court.
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Answer #4
959 votes
Well, your question is hotch-potch, but I have tried to understand. Actually a case u/s498 IPC is pending against you before District court & your Lawyer has filed Anticipatory Bail application before Hon'ble High Court ,on behalf of you ,& during hearing Court issued summon to appear before the Hon'ble High court on 12th June. Most probably informant/Victim of this case will be also summoned to appear on said date before the said court. Actually Hon'ble Court observe & analys various aspects such as Truth of Facts, gravity, way to short out the matter etc. So don't be fearful, on the same day if your Anti.Bail Application will be rejecte you will be not arrested in the court room. But before the court you should appear in pleasent, natural, disciplined way & mentally prepared to respond defend allegations against you, & for this your Lawyer of High Court will be the best friend. Plz consult with him. Thanks, Aditya kumar Advocate.
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Advocate Aditya Kumar

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Answer #5
633 votes
Dear Sir/Madam It's the court of Judicial Magistrate takes cognizance of the offences and not the Hon'ble High Court. Offence under section 498A is non-bailable in nature and once you appear upon receiving the summons without obtaining anticipatory bail, the Court will send you to custody. First of all, you have to file application for anticipatory bail before th District Judge and if it gets rejected you can file anticipatory bail application before the Hon'ble High court challenging the rejection order and thereafter to the Hon'ble Supreme Court. If you appear upon rejection of ABP/ABA, you are to be sent to custody for obtaining regular bail. Regards Rohit Ranjan Sinha, Advocate
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Advocate Rohit Ranjan Sinha

Adv. Rohit Ranjan Sinha

LawRatoRanchi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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