Legal Question in Family Law in India
Dowry torture
My lawer advise me to file a
case u/s 498. He said to me that there are two way to file
498A , one is a ''police case''
where police arrest the accused, investigate and trial in court , the second method is
''magistrate case'' where police
can not arrest the accused person but the magistrate himself investigate the matter
by summon the accused to
the court . So I am very
much confused . Is there realy two way or any division to file a 498A case ?
My lawer also said to me
that , you have no right to
mentioned u/s 498A or any
u/s of IPC in your FIR or
complain to the police . Is it
correct ?
5 Answers from Attorneys
Re: Dowry torture
It is correct that you should not mentioned the provisions of law as it the duty of the police to registered the case by invoking the prevailing provisions of law if any committed by the accused after properly investigating the matters.
You konw that against dowry torture matters, the concerned law has empowered to designated police authorities to deal such cases hence firstly you have complain to the police and if the police did not take any acion on your complaint than you may avail the remedy for filing the complint to concerned M.M.courts of your area.
Re: Dowry torture
498A is a congizable offence. You can file complaint before magistrate also, and if the magistrate thinks, that it is a congizable offence, then he would direct the inquiry to the incharge PSO and ask them to register FIR etc.
So i advise you, to directly file complaint before the police, instead of going here and there.
Moreover, there is no specific embargo on narrating the section in the complaint, but it is always advisable that you do not mention the section, sometimes in future there could go adverse inference of Modus operandi against you.
Re: Dowry torture
leave all things and go to police only and make complaint there.
you can mention any section you want in your complaint its a different issue that which sections are applied.
for detailed advice please contact personally with documents. consultation charges will apply.
Re: Dowry torture
it is better to follow the advice of your lawyer; he is not entirely wrong; though you may directly send a complaint to the police without any lawyer; if you would like, my office would GRATIS help you to check the complaint you may draft, before sending to police. We do not charge for this service.
Re: Dowry torture
The correct law is that if the police does not take action on a complaint filed by the person then u/s.156(3)cr.p.c. the person can lodge complaint case along with copy of complaint already filed with police and if the court is of opinion that a cognizable crime has committed then court can direct the police to register an FIR and to investigate the matter as per law.As such there is no specific restriction that section can not be mentioned in FIR because in FIR you have to give information about the commission of crime only but in complaint case you must have to narrate the crime and also section.For any other assistance you may call on my mobile.
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