498A case against husband and in laws for dowry and cruelty

526 votes

From what you have described, your matter sounds like a complaint case before the Magistrate, not necessarily an FIR/police case. What appears to have happened in your case If your lawyer: filed a complaint/petition before the Magistrate; the Magistrate recorded the complainant's statement and the statements of your family members/witnesses; and now notice has been issued to the accused, then the case is likely at the post-enquiry / pre-process stage. The ordinary sequence in a complaint case is broadly: complaint → examination of complainant/witnesses → notice/opportunity to the proposed accused → consideration by Magistrate → decision whether there is sufficient ground → issuance of process/summons

Advocate Kumar Pritam LawRato

980 votes

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Advocate Gyan Prakash LawRato

673 votes

English Response : ​Yes, a case under Section 498A can be filed directly before the court, which is known as a Complaint Case. Since the Magistrate has recorded the inquiry statements of your family members and issued a notice/summons, it means the court has taken cognizance of the offense. Regarding your question about the chargesheet: since this is a direct complaint case in the court and not an FIR registered by the police, there will be no police chargesheet. The next step is that the accused persons will have to appear in court upon receiving the notice and seek bail. After their appearance, the court will record 'Evidence Before Charge' (pre-charge evidence). Once that evidence is recorded, the Magistrate will formally frame charges against the accused, and the regular trial will begin Hindi Response : Yes, aap 498A directly court me file kar sakte hain, jise Complaint Case kaha jata hai. Jaisa ki aapne bataya ki statements record ho gaye hain aur notice issue ho gaya hai, iska matlab Magistrate ne cognizance le liya hai. Aapke chargesheet wale sawal ka jawab yeh hai ki: direct court case me police chargesheet file nahi karti hai kyunki ye police FIR nahi hai. Ab next step me accused (aaropi) ko court me notice milne par appear hona hoga aur bail leni hogi. Uske baad 'Pre-charge Evidence' (charge lagne se pehle ki gawahi) hogi. Is gawahi ke aadhar par court un par formally charge (aarop) frame karegi aur aage ka trial shuru hoga.

Advocate Sudhakar Kumar LawRato

625 votes

there is a lot of time to file chargesheet from now. right now only essay will be done for the compliments side the testimony will be written if the court finds it liable then police will be directed to file FIR then only it will be filed.

Advocate Amit Ranjan LawRato