Fighting 498A Success Story – Anticipatory Bail in Section 498A Avoided, Police issued Section 41A Notice to Join Investigation without Arrest
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| 498A, How To Fight 498A |
On submission of 498A complaint by wife, husband (one of the MRA) under guidance of Apaizers Mens Rights used the guidelines issued by Supreme Court in case Arnesh Kumar v/s State of Bihar and filed various complaints to the concerned stake holders and further followed by strong RTI Follow-ups with the concerned Departments. As a result after registration of FIR, Investigating Officer followed the procedure directed by the Supreme Court and issued notice under Section 41A Cr.P.C to join the investigation and the husband and his family members was saved from the process of Anticipatory Bail and saved from losing money, time and peace of mind on following the anticipatory Bail process.
The
E-BOOK will help to understand how Anticipatory Bail can be avoided when 498A FIR is registered. This will further help to understand the procedure after Section 41A Notice is issued by the Investigating Agency and the accused are not arrested
and after charge sheet procedure of Trial court granting the regular bail.
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| 498a, How to Fight 498a, Apaizers Mens Rights |
The Hon’ble Supreme Court after
analyzing the misuse of the Section 498A issued the Direction to the police
authority not to arrest accused unnecessarily and Magistrate do not authorize
detention casually and mechanically. So when after the direction there is no
threat of arrest than no need for going for anticipatory bail. Even High Courts
thoughts is that the Police authority should follow the guidelines properly so
that the accused need not be arrested in all criminal cases at the stage of
investigation and the probe can be carried out effectively without custodial
interrogation and the courts will not be flooded with petitions of Anticipatory
Bails. The police must be made to understand that all criminal cases need not
necessarily involve arrest of accused persons during investigation and an
effective investigation can be done even otherwise. A change in attitude will
bring down unnecessary filing of anticipatory bail petitions.
So on the above view on registration
of FIR under Section 498A/406, the husband and family members know their rights
to avail the relief given by the Supreme court on the procedure of arrest and needlessly
go for filing the anticipatory Bail.
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| 498a, How to Fight 498a, Apaizers Mens Rights |
The Notice Issued By The Investigating Agency
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