Legal Question in Family Law in India
My brother stays in Mumbai and is a Gazetted Officer. Sister-in-law is from a town in AP. She intends to file a false 498a complaint on him in AP. Do the Police Officer(s) have to take permission from the Mumbai Commisioner of Police before they take him to custody or does he has any legal protection. Please advise.
Asked on 7/17/11, 7:18 pm
2 Answers from Attorneys
Shrichand Nahar
S.V.Nahar, Advocate
You need to read FIR to find out the allegations levelled and then decide what is or was necessary.
An offence U/s.498A is a cognisable and non-bailable offence and upon registration of such an offence, police have powers of arrest without a warrant.
Answered on 7/17/11, 9:41 pm
Sanjay Kalra
Sanjay Kalra & Associates
Police from AP can arrest your brother after intimating the concerned police station where your brother reside.
Answered on 7/17/11, 11:02 pm