Misandry (Male Hatered)

        
     Training Seminar: Remove Misandry (Male Hatered) on 4th October,2015.

Date : 4th October ( Sunday) , 2015.
Time : 10AM to 4PM
Venue : Jawahar Lal Nehru Youth Center , Near Gandhi Peach Foundation, Deen Dayal Upadhyay Marg , New Delhi.
Help Line no : 8882-498-498

 

498a FIR & After...(Step by Step)

FIR filed by your beloved wife in her local police station. Usually wives go to their hometown and file a fake complaint in form of FIR. If you look at the various FIR filed at police station, you would find all of them to be similar as lawyers already keep a format of 498a FIR with them.

After FIR as per new guidelines by Supreme Court, police needs to satisfy the need of arrest of accused by filling a checklist and if that fulfills all the criteria then they need to get a written complaint from the Magistrate.

As soon as you get notice for investigation. You need to apply for anticipatory bail in lower court which is also called as session court. If your bail gets denied in lower court then you need to move to higher court and once it is approves. You may appear for the police investigation.

At police station you would need to do some formalities on attending dates given by the investigating officer and at the same time you would be asked few questions as part of investigation.

Now sit back and relax. Police would need to file charge sheet and they would talk about the things they found out in the whole investigation based on their questioning.

Once charge sheet is filed you will be sent summons or police will make phone call to receive charge sheet. Until that time you would not need to attend court. Sometimes police would not send a notice or call you on completion of charge sheet but that is not going to make any difference.

Now you would need to go to court and you will be given charge sheet by public prosecutor. Charge sheet is also called as final report and it will have all the details of police investigation with names of witnesses and documents. If you do not find these details then you need to intimate court about the same.

 

Now you would be given dated to attend court, you may either attend court dates or you may take exemption funder u/s 205 of Cr. P. C.

Now charges would be framed against you under u/s 240 Cr.P.C and if you are the accused then you may oppose the same.

Now first witness, which would be your wife would be asked questions based on her complaint in FIR on court record. At the same time accused’s counsel would also cross examine her.
After this her father, mother, brother, sister etc. would be asked.

Now investigating officer would be asked by PP and then by accused advocate. Now your prosecution evidence would be closed and then accused will be examined by Magistrate u/s 313 Cr.P.C. and then PP gives argument following which accused advocate gives argument.

Now order of acquittal or sentence and then you would be given details order by the court.
If you are acquitted then enjoy else appeal in higher court.

C.R.P.C 240 Section & 313 Respectively.

Framing of charge (240)

If, upon such consideration examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence tribal under this Chapter, which such Magistrate is competent to try and which, in his opinion could be adequately punished by him, he shall frame in writing a charge against the accused.

The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.


 Power to examine the accused. (313)

In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court- may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary; shall, after the witnesses for the prosecution have been examined and before he is called on for his defense, question him generally on the case: Provided that in a summons- case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause

 

No oath shall be administered to the accused when he is examined under sub- section (1).

 

The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

 

The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

C.R.P.C 205

Section 205 Of Cr.P.C. Magistrate may dispense with personal attendance of accused.-

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

“ It is stated that as respondent was ill, that necessary petitions were filed before the learned Magistrate under Section 317 of Criminal Procedure Code to condone the absence of the respondent and also a petition under Section 205 of Criminal Procedure Code to dispense with personal appearance. The learned Magistrate allowed the petition under Section 317 of Criminal Procedure Code, but however dismissed the petition under Section 205 of Criminal Procedure Code and directed respondent to appear before Court.”