Legal Question in Criminal Law in India
My wife has lodged a complaint u/s 498a. The case is not yet registered. She has accused me and my parents of false allegations. Through advocate, I immediately approached session court and court has issued notice to the concerned police station to issue a notice to the accused 48 hours prior notice has to be issued by the police station to the accused before arrest.
Now again I received a call from the concerned police station, that you have to be present for counselling and there are chances that my wife will book FIR u/s 498 a.
Please help!!
3 Answers from Attorneys
counselling does not mean that F I R has been registered. it must be pre litigation
U may appear there ,as the same is notice of arrest.
All the cases are being referred for counselling before the counselors at the police station and if the counselling fails or mediation fails than only the case is referred for the registeration till than you can appear before the POlice for counselling moreover they cannot arrest you prior to 48 hours of giving notice, join the investigation also if you don't than next time you apply for bail may not be granted on the ground that you are not appearing for investigation
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