Quashing 498a related query
3 years ago
My wife filed 498a and DV case , so i applied for Quashing and High Court Issued following order and my question are at end.
Counsel for the Petitioner: SRI GUDI MADHUSUDHAN REDDY
Counsel for the Respondent :THE PUBLIC PROSECUTOR
Petition under Section 482 Cr.P.C. praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceedings in FIR NO. 17112020, dated 07.06.2020 on the file of Station House Officer Janagaon Police station including the arrest of the petitoner/Al Pending disposal of CRLP No. 2700 of 2020, on the Fle of the High Court.
The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt olnotice in the case).
ORDER:
Post on 13.07.2020.
Till then, the first respondent police is directed not to take any coercive steps against the petitioner
1. I am getting calls from police to get compromise I went twice nothing was happen do police has the power to call me without issuing 41crpc .
2. Do I need to visit police station for signing and taking 41crpc ?
3. Police station is 100km far from my home do I need to visit every they call , what can I do to minimize the visit.
4. How can I take the investigation data till date done by police ?
5. It's already 6 months done how much time more they will take to file a chargesheet.
6. Do I need to take anticipatory bail , they demanded sthridhan and I agreed to that if she sign the acknowledgement. Is it correct ?
7. Court said stay on proceedings but police is calling me is it contempt of court , if yes can I take any action against them ?
Please help
Ankur Goel @ Complete Law Shield
Responded 3 years ago
court only gave stay not stay on investigation.
Investigation can continue and police have to do their job.
you already asked that they not filed chargesheet after 6 months.
police have to take approval for delay from court.
the reason police can also give is you not cooperating in investigation.
police will claim that you were not cooperating with investigation and whenever they called you, you were evasive.
police can ask for arrest/bail cancellation if 41A is not complied.
for this your bail also can be in problem.
for returning mobiles/laptops etc, have to make application in court.
for streedhan, return it with acknowledgement.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield) (mymutualdivorce.online)
#YourLifeYourChoice
Sir since the court has ordered stay only on the proceedings, the police can still continue to call you for investigation. You will have to go and for the data, you can ask your lawyer to talk to the police. Further, if the police does not submit the documents immediately, you can always approach the court to expediate the process.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. The Police can call you for investigation whenever they find it necessary, and for any period of time.
2. Talk to your lawyer about the investigation data and he/she can ask the police about the same.
3. After the investigation, the police will have to submit the reports immediately. If this is not done, you can always approach the court.
4. This is not contempt of court as stay on proceedings does not bar the police from conducting investigation.
Please share the actual orders passed by the Court so that you can get exact legal advise.
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