FIR Registration U/s 498A at Police Station
16-Oct-2023 (In Criminal Law)
Hi , i have given complaint in CAW cell almost 5 months and mediation got failed.However in between the SC verdict for 498a came that FWC are no longer required.My case is only pending for registration of FIR but the issue is CAW cell is taking time and EO said that she will call me soon and i have to wait.The issue is my husband is harrassing me continously and i want the FIR to get registered asap.Is it possible that i cab go to the police station directly with the complaint that i have given to CAW cell a d necessary evidences?Also can i delete few allegations from my CAW complaint and add new allegations?Does only statement under 161 will be matter only or the allegations can be changed from the CAW complaint.K indly help how can the FIR will get registered when matter is delaying already.
hello client as I have read Ur complaint which I have given over here.as I have seen Ur complaint after the latest reversal of the guidelines from the supreme court of India .the IO been given power to decide whether the arrest is required or not so in Ur case I think court interference is required due which the IO will taken action as soon as possible if court gives order then only Ur case will get speed up . then only you will be able.to get justice
Hi,
Regarding your query.
As there has been a reasonable delay in the processing of your complaint before the CAW Cell, it is prudent and expedient for you to approach the Court with a formal complaint under Section 156(3) CrPc. This section/application is furnished before Court in the event that the Police are refusing to register your FIR or no action is being taken despite your requests.
Once your arguments have been heard before Court and if the Judge finds merit in your matter, he will direct the Police to initiate action and register the FIR and summons shall be sent to the accused. Please note, that the Supreme Court has come down heavily on the misuse of 498 A , IPC , this is on account of the severe misuse and wrongful arrests that family member's have gone through. Therefore, you should primarily stick to your original allegations furnished before the CAW Cell and not cause material alteration to your story so far.
The lawyers are well-versed with spotting out material alterations to the structure of your plea's and will give the appearance that you have manufactured the story to some extent. This however, is only subject to what changes you are seeking to make. As you may know already, it is difficult to ascertain those as I am not yet fully aware of your matter. Do let me know if you seek further clarifications.
Regarding your query.
As there has been a reasonable delay in the processing of your complaint before the CAW Cell, it is prudent and expedient for you to approach the Court with a formal complaint under Section 156(3) CrPc. This section/application is furnished before Court in the event that the Police are refusing to register your FIR or no action is being taken despite your requests.
Once your arguments have been heard before Court and if the Judge finds merit in your matter, he will direct the Police to initiate action and register the FIR and summons shall be sent to the accused. Please note, that the Supreme Court has come down heavily on the misuse of 498 A , IPC , this is on account of the severe misuse and wrongful arrests that family member's have gone through. Therefore, you should primarily stick to your original allegations furnished before the CAW Cell and not cause material alteration to your story so far.
The lawyers are well-versed with spotting out material alterations to the structure of your plea's and will give the appearance that you have manufactured the story to some extent. This however, is only subject to what changes you are seeking to make. As you may know already, it is difficult to ascertain those as I am not yet fully aware of your matter. Do let me know if you seek further clarifications.
In this regard, i advice you to file Section 156 (3) petition before the Concerned Magisterate, in the event of failure on the part of the Police to file an FIR in the case. Though, seek answer from the concerned CAW cell about your complaint and its stage. They will certainly register your complaint.
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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