FIR under 498A
Sir my sister already had filed FIR for 498A case against her husband and inlaws. But the local police said they cannot arrest the accused husbands as per new supreme court order. And the police said they have already sent the case diary to the court regarding the 498A case.but its now more than one month of FIR neither the case started nor they have been arrested. Please suggest what to do so that the husband gets arested and the case starts in the court.
The Supreme Court recently, in the case of Arnesh Kumar v State of Bihar has restricted the Police from making an arrest under sections such as 498 A IPC, without conducting prior investigation. However, the Apex Court has further laid down that the investigation must be completed within two weeks of the institution of the complaint. If the officer chooses not to arrest the person, then he must submit the same to the magistrate and the victim with a list of reasons.
Thus, now that the police have exceeded prescribed time to conduct investigation and you haven’t received any news from them or the magistrate it can be brought to the attention of the court of relevant jurisdiction by filing a private complaint under Section 156 of the Criminal Procedure Code. Due to which the police officer can be subjected to departmental inquiry and punishment.
Is their councelling session is over ? If yes and if it did not work then as follows.
First of all you check that is there any anticipatory bail taken by her husband or not. If he has taken anticipatory bail in that case he will not get arrested. you may seek an order for re investigation in matter.
The matter will start only the police files the charge sheet in the court. So after you are satisfied with the investigation work done by police you may follow up with police and can ask court to direct police to file charge sheet.
As per the new guidelines the police cannot make any arrest unless a preliminary investigation has been conducted and on arrest the police has to give reasons for such arest before the learned court.
U need to follow up with the police on a regular basis regarding the progress.