If you are not accused in the FIR then uou are not required to ge worried. Police cannot issue notice to an innocent person who is neither named nor is related. It is not a case absconding as alleged by police as no notice under 41A was served to A3.
Section 498A
A complaint was filed under Section 498 A and FIR was registerd (without preliminary enquiry) against her husband (A1), Mother in Law (A2) and Lakshmi, sister of her mother in law (A3) all residing in shared household of complainant. Notices under Sec 41A of CrPC were sent to the address given in FIR. Notice to A3 could not be served as no such person was residing in this address. The complainant has given my telephone number to the Police. Police called me and informed me about FIR. I told them that details of A3 given in FIR ( name, relationship with her Mother in law and place of residence) do ot match with my personal details and I have not received any notice for appearance. I sent them my Adhaar card to the police for issue of a notice. No notice was issued to me. Four months after registration of FIR, a chargesheet was filed against A1 and A2. It is stated in the chargesheet that A3 was absconding and would be arrested and produced before the Court when ecer she was found.
Asked 11 months ago in Family Law
Religion: Hindu
9 Answers
Appear before trial court and seek bail
take the plea that you were not served with notice under section 41A of Cr pc
Instead of inviting trouble in this manner, you could have cooperated with the police at that time itself.
Well, now instead of being adamant about the procedures, in order to avoid being arrested you may better obtain anticipatory bail and participate in the case, challenge it properly and get acquitted.
Please see if any BW OR NBW is issued against the A3 or not. You will have to go to Hc against said orders so that the arrest of A3 doesn’t happen.
regards
- If you are not A3 in the case , then why are worry about the consequences
- As per law , an unknown person and who is no related to the complainant cannot be an accused in the case
- However, if you are A3 , then take anticipatory bail from the session court without appearing before the court personally.
If the person is arrested then they will be tried in same case otherwise case will continue against the other accused
When details particulars do not match with your details, there is no need to worry for you. Police cannot arrest you since you are not the accused mentioned in FIR. Don’t go for any AB as it will establish you connection with A3. When police attempts you, than only go for AB.
Dear Sir/Madam,
You can challenge such charge sheet either before High Court by filing application under Section 482 of Cr.P.C or filing discharge application under Section 239 of Cr.P.C before the Trial Court. Before that it is better to get regular bail by surrendering before the Trial Court or anticipatory bail or bail from High Court since NBW is pending against you. In the background of history of the case narrated by you there are chances of deleting your name by the High Court or discharge by the Trial Court.
In the situation you described, it seems that you were contacted by the police regarding the FIR that was filed against the husband (A1), mother-in-law (A2), and Lakshmi (A3) under Section 498A of the Indian Penal Code. You mentioned that the details of A3 in the FIR do not match your personal details, and you have not received any notice for appearance. You have provided your Aadhaar card to the police, but no notice was issued to you.
If you believe that there has been a mistake or confusion, it is important to consult with a criminal defense lawyer as soon as possible. They can guide you on the appropriate legal steps to take in order to address the situation. They may advise you to:
Obtain legal representation: Engage a lawyer who specializes in criminal law to represent your interests and protect your rights.
Gather evidence: Collect any relevant documents or evidence that can support your claim that you are not the person mentioned in the FIR. This could include identification documents, residence proof, or any other relevant records.
Communicate with the police: Maintain open communication with the police and provide them with the necessary information and evidence to establish your identity and clarify the confusion. Keep records of all communication, including dates, times, and the names of the police officers you speak with.
Seek anticipatory bail: If you are concerned about potential arrest or harassment, you may consider applying for anticipatory bail, which can provide protection against arrest for a specific period of time, allowing you to approach the court and present your case.
Attend court proceedings: If you are summoned or required to appear in court, it is important to comply with the legal process. Your lawyer can guide you on how to respond to the court proceedings and present your case effectively.
