NEW DELHI: Delhi Police's act of immediately arresting a man after the registration of an FIR in a domestic violence case has come under a trial court's scanner as cops had failed to follow the directions laid down by the Delhi high court.
The court was referring to the Delhi Police commissioner's standing order, which said that no case under Section 498A (dowry) or 406 (criminal breach of trust) of IPC should be registered without his prior approval. The standing order was issued after the high court said the main accused should be arrested only after a thorough investigation.
While granting interim bail to the man arrested immediately after the FIR was registered against him under Section 498A, the metropolitan magistrate said, "It is clear from the assertions of the investigating officer that the judgment of HC and the subsequent standing order of commissioner of police, Delhi, have not been duly complied by the concerned official before lodging of the FIR. So, the bail application of the accused is allowed and interim bail is confirmed."
The man's counsel, Prashant Mendiratta, submitted that his client was arrested by the police even when no permission had been taken from the DCP. He also said that the police had acted illegally and the FIR was registered without following the high court's order.
When the court issued a notice to the DCP seeking a reply on the matter, it was informed that "an explanation has been sought from the investigating officer in the case and necessary disciplinary action will be taken against them after receiving their replies".
The court granted interim bail to the man after going through the submissions of the police.
The judgment of HC and the subsequent standing order of the Delhi Police commissioner have not been complied with by the police officer before lodging the FIR, said the trial court.
The court was referring to the Delhi Police commissioner's standing order, which said that no case under Section 498A (dowry) or 406 (criminal breach of trust) of IPC should be registered without his prior approval. The standing order was issued after the high court said the main accused should be arrested only after a thorough investigation.
While granting interim bail to the man arrested immediately after the FIR was registered against him under Section 498A, the metropolitan magistrate said, "It is clear from the assertions of the investigating officer that the judgment of HC and the subsequent standing order of commissioner of police, Delhi, have not been duly complied by the concerned official before lodging of the FIR. So, the bail application of the accused is allowed and interim bail is confirmed."
The man's counsel, Prashant Mendiratta, submitted that his client was arrested by the police even when no permission had been taken from the DCP. He also said that the police had acted illegally and the FIR was registered without following the high court's order.
When the court issued a notice to the DCP seeking a reply on the matter, it was informed that "an explanation has been sought from the investigating officer in the case and necessary disciplinary action will be taken against them after receiving their replies".
The court granted interim bail to the man after going through the submissions of the police.
The judgment of HC and the subsequent standing order of the Delhi Police commissioner have not been complied with by the police officer before lodging the FIR, said the trial court.
What is 498a?
Indian Penal Code 498a allows a woman and her family to make a written false complaint of dowry harassment to the police which results in the husband, his parents and relatives being immediately arrested without sufficient investigation and put behind bars without bail. Even if the 498a threat is false, you are presumed guilty until proven innocent.
498a can only be invoked by the wife or her relative. Most 498a cases are mere blackmail attempts by the wife or her close relatives. In most cases, a demand for a large sum of money is offered to the husband in exchange for settlement of the case out of court. There have been countless instances where, without any investigation, the police have arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. A typical case takes approximately 5-7 years and the conviction rate is only 2%.
There are fundamental problems with 498a in that it is 100% gender biased and singles out men as perpetrators of domestic violence and assumes that only women are victims.
In the United States domestic violence laws are gender neutral and provide protection to the victims, both men and women. If you reside in the United States please call us at (855)-WHY-498A today to set up an appointment with Mrs. Desai to provide you with a plan of action.
Orange County Office:
3111 N. Tustin St., Suite 200
Orange, CA 92865
Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807
St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114
3111 N. Tustin St., Suite 200
Orange, CA 92865
Long Beach Office:
3605 Long Beach Blvd., Suite 300
Long Beach, CA 90807
St. Louis Office:
8711 St. Charles Rock Road
St. Louis, MO 63114
Contact Information
| Phone: | (855)-WHY-498A |
| Fax: | (714)-637-1713 |
| Email: | info@498alawyer.com |
| Web: | www.498alawyer.com |
No comments:
Post a Comment