B final report of police rejected in district court for case u/s 498A

449 votes

If the court rejects the B report by the police i.e., cancellation report and orders the prosecution to file a charge sheet or orders further investigation, the police may conduct an investigation to gather more evidence against the accused. Depending on the circumstances of the case, the police may also arrest the accused if they believe that he/she is likely to abscond or tamper with evidence.

However, it is also possible for the accused to file for quashing of the FIR before the High Court under Section 482 of the Code of Criminal Procedure (CrPC). Section 482 of CrPC gives inherent powers to the High Court to make orders to prevent the abuse of the process of the court or to secure the ends of justice.

The accused can file a petition before the High Court seeking the quashing of the FIR on the grounds that it is false, frivolous, or vexatious. The High Court will examine the facts and circumstances of the case and decide whether to quash the FIR or not. If the High Court quashes the FIR, then the investigation against the accused will be terminated, and he/she will not be arrested or prosecuted in the case.

In any case, if the accused is concerned about being arrested, it is advisable that if he hasn't already been arrested, he can apply for anticipatory bail and in case of arrest, for regular bail before the appropriate court. Depending on the facts and circumstances of the case if the accused is granted bail he may continue to be on bail until the trial proceedings are completed.

It is important to note that the decision to arrest the accused is at the discretion of the police, and the court does not have control over police actions in this regard.

LawRato LawRato

523 votes

Since the B report is rejected , warrant will issued to you and police will arrest since it is a non cognizable offence .The remedy you have is is take anticipatory bail before the sessions court to avoid arrest .

Advocate Shankarayya Bhixavati LawRato

839 votes

Hello Mr.
firstly its good that police have filed a B report. if that is rejected upon your wife's protest petition the judge should either direct further investigation or himself start an enquiry by recording sworn statement of your wife. The B report filed by police would indicate that there is no evidence that you or family could be held responsible. what i would suggest is to approach high court challenging the rejection of B report and later if you do not succeed in it and proceedings or investigation resumes you also can file a 482 petition before high court for quashing of such proceedings in 482 if you can establish that your family or you are being victimised with false allegations you can certainly succeed.

good luck:)

Advocate Shridevi Bhosale LawRato

850 votes

You want to separate you should file the case against her and take a divorce from her ...before you have B report best to file any moment for the proof it's one of prove to yourself and important thing at any moment she can ask her maintenance

Advocate Vedashree A LawRato

770 votes

Your question is not clear because you should say weather the B report is challenged by your wife or has she filed any other case come up with a clear question so that we can suggest you clearly what to be done, further details contact our office

Advocate Rajendra Prasad N C LawRato