Thanks to a reader, we have this judgment of Patna High Court on topic of arrest and anticipatory bail. Even though the Supreme Court’s Arnesh Kumar vs State of Bihar & Anr. judgment has been in operation since July 2014, which clearly says that departmental action can be initiated against magistrates if they routinely grant accused to be placed in custody for offences with punishment less than 7 years; it seems that judgment has had no effect in state of Bihar so far. Because in this case, the Patna HC has acknowledged the “very disturbing state of practice prevailing in the subordinate judiciary on the subject of granting of bail in a complaint case involving non-bailable offence inasmuch as when an accused appears in such a case, pursuant to even summon issued against … [Read more...] about Patna HC acknowledges bail scam in IPC 498A, grants anticipatory bail under CrPC 438 to husband
498a Judgments
In 498A/406 case, Jharkhand HC rejects lower court’s NBW, and CrPC 82 proclamation for absconding persons
Thanks to a reader, we have this interesting judgment on topic of arrest and bail; and it highlights the rot that has become India, and the rot and zombie-hood exists in all branches of official life: be it executive (police department), or judiciary. So the usual Indian trick of pointing finger at another department will not work in this case. Citizens are not above blame either, because they seem to firmly believe that the rot exists in government, and it can’t be fixed; so all their energy is spent on finding shortcuts and escape techniques, rather than improving the system. Gist of the the judgment is this: Police complaint filed against husband and family members in IPC 498A, 406, 420, Dowry Prohibition (Sections 3 and 4) case. My guess is either summons are issued by … [Read more...] about In 498A/406 case, Jharkhand HC rejects lower court’s NBW, and CrPC 82 proclamation for absconding persons
Prima-facie IPC 406 charge dropped but 498A charge framed against accused husband – Delhi MM court
This judgment is useful to understand that for a trial to happen for a particular IPC section, the contents of FIR should prima-facie disclose a crime under that IPC section. In this particular judgment, it was held that the allegations in FIR constitute prima-facie a charge of IPC 498A, but there is no specific allegation to try the accused husband under IPC 406, so IPC 406 charge is dropped. Important part of judgment below: 10. As far as charge U/s 406 IPC is concerned after perusal of the complaint it is revealed that there is no specific allegations of entrustment of istridhan articles by the complainant to the accused, therefore prima facie offence of Criminal breach of trust U/s 406 IPC is not made out against the accused Sonu Sharma. Accordingly, accused Sonu Sharma … [Read more...] about Prima-facie IPC 406 charge dropped but 498A charge framed against accused husband – Delhi MM court
False dowry harassment aka 498a case ground for divorce, says Supreme Court
Note: the primary intention of this website is not to inform on how to get divorce from cruel wife, so people who are visiting with that intention can read my book or any other book on cruelty on husbands. And maybe stop asking the MRAs about how to get divorce based on cruelty/desertion etc, because most of them have no expertise on those topics anyway. Original post continues below: If a woman's complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce, the Supreme Court has ruled. http://timesofindia.indiatimes.com/india/False-dowry-charge-ground-for-divorce-Supreme-Court-rules/articleshow/45253503.cms First of all, this may probably be first such judgment from Supreme … [Read more...] about False dowry harassment aka 498a case ground for divorce, says Supreme Court
Delhi court says police must follow SC guidelines against casual arrest in 498a case etc
After Jul, 2014 SC judgment against automatic arrest under 498a and home ministry advisory to follow CrPC 41 and 41a guidelines to avoid arbitrary arrest in 498a (and offences less than 7 years punishment), probably a first judgment has come from a Delhi court criticizing the Punjab police investigation officer for doing his supposedly god-given duty of proceeding to arrest the Delhi resident after a IPC 498a complaint was filed in Amritsar, Punjab. It’s about time that police learn to follow the law else it’s a matter of time someone who was arbitrarily arrested without following CrPC 41, 41a by police will file a contempt against police in high court, and at that time there will be no escape from punishment because of precedent created by SC. … [Read more...] about Delhi court says police must follow SC guidelines against casual arrest in 498a case etc
No automatic arrest in IPC 498A, says Supreme Court – Arnesh Kumar vs State of Bihar
Supreme court has been giving judgments on misuse of IPC 498A for many number of years, and they had even asked the law ministry to consider amending it. Many states have police circulars already on doing investigation or taking permission of higher police like DCP before arresting under 498A but there is no guarantee that these rules are followed. The advisory/letter/circular issued by home ministry in government of India is given here. Update 16-Apr-2015: If anyone got arrested under IPC 498A (or other offences less than 7 years punishment) without CrPC 41/41A procedure, read this post on how to take action police or magistrate as applicable. Update on 14-Jul-2014: According to latest on the ground information, Punjab police has refused to arrest in a 498A case filed in Jun 2014 … [Read more...] about No automatic arrest in IPC 498A, says Supreme Court – Arnesh Kumar vs State of Bihar