Hyderabad Police: No Arrests In 498A Cases Without DCP’s Permission – 2002

In 2002, Jt Comm Of Hyderabad’s Police, MV Krishna Rao, issued a standing order prohibiting arrests in 498A cases without the DCP’s permission. Despite this order issued a decade ago, thousands of Hyderabadis have been arrested since 2002. Though I heard about this order in 2006, I wasn’t able to get my hands on a copy till 2008. The Hyderabad police kept this order under warps as 498A is the single largest source of revenue for them. This standing order forbids the arrest of anyone accused in a 498A case without the written permission of the DCP. It was issued to all SHOs as well as the officers manning the Women’s Police Stations in Hyderabad. The order was never revoked as it follows the letter and spirit of the Indian Supreme Court Judgment, Joginder Kumar Vs State Of UP  – 1994.

Immediately after an arrest, a tidy sum is extorted from the accused through a negotiation to “settle the case”, as the accused are bewildered,  frightened, and can be coaxed into coughing up the cash.  If they are unable to pay and settle the case, they end up running around courts for years to come.

This is the reason an arrest must be prevented in 498A case. The circulars posted here will help in preventing arrests.

Unfortunately, arrests are continuing in 498A cases and women’s police stations are the ones, I believe, that are effecting the most arrests. It’s time to nail these morons who are ignoring these orders and committing gross violations of fundamental rights.

The order says:

The AP DGP also issued an order in 2008 prohibiting 498A cases in 2008.

Here is the pdf of the order of the Police Commissioner:

  1. Hyd Comm Of Police Memo Against Arbitrary Arrest (pdf)
  2. Click here for the jpg of the same order.
  3. Click here:  AP DGP’s Circular Ending 498A Arrests Across the State

The proof that these orders can be used to prevent arrests is given by a comment left by a visitor. See the note left by Kondaiah pasted below:

If you were arrested, please use the RTI template below to request a copy of the DCP’s order authorizing an arrest along with the supporting documentation listed in the MV Krishna Rao order. I am certain that it won’t exist.

If you are threatened with an arrest, then inform the cops that once you are released, you will file an RTI requesting the DCP’s authorization to arrest, along with the supporting documentation listed in the MV Krishna Rao order.

The AP Police are supposed to follow a process of investigation when 498A cases are filed. Click on the link below for the procedures they are supposed to follow:

Here’s more information on the AP DGP’s order. I got my hands on it fairly quickly. Here’s a  report about it in the Deccan Chronicle:

Hyderabad, Jan. 21: The director-general of police, Mr K. Aravinda Rao, on Friday issued a circular to all police stations in the state asking them to release those accused from police station itself in cases where the imprisonment is below seven years.

The circular was issued as part of implementing criminal procedure code. Several police stations in the city had already got the circular and are going through it. This is a major decision. Till now the police has been arresting and remanding the accused to court.

The decision is likely to cause unrest among lawyers as there will be less bail pleas. Till now, imprisonment up to three years was bailable at the police station. A case like rash and negligent act leading to road accidents, adultery, dowry harassment will be bailable at the police station without the accused being sent to jail.

Here is the AP DGP’s order ending arrests in 498A cases. Click on the image below to download the order in pdf:

Unfortunately, Hyderabad’s cops have found a way to circumvent this order. They are getting pliant magistrates to issue warrants for arrests in 498A cases. These warrants are illegal — as are automatic remands by magistrates. Read the post below for more info on the Powers of a magistrate to issue orders for arrests or remands:

Justice Regupathy, Chennai HC: Mechanical Judicial Remand Is ILLEGAL

Note: Though the CrPC amendments curtail the powers of the police to arrest, but they are not being followed by the police. Click on the post below:

Kerala Police Circular on CrPC Amendments

There’s more info below,  if you are interested, such as a circular from Delhi’s police commissioner, issued in 2007.

Delhi Police Commissioner: No 498A Arrests W/O Permission Of DCP

You can watch the NDTV coverage about the Delhi order with Swarup Sarkar’s Interview here

Both these orders quote from  Joginder Kumar Vs State Of  UP. You can read about the significance of this judgment here:

Magna Carta And Joginder Kumar Vs State Of UP

The CBI’s manuals on arrests also mention Joginder Kumar Vs State Of UP.  Here are the CBI’s manuals. I combined the relevant ones into a pdf:

Selected CBI Manuals on Procedures and Arrests

Here are some misc circulars (can’t remember why I uploaded them here):

Finally, to re-cap, here is a jpg of the MV Krishna Rao order:

No Arrest Without Permission Of DCP In 498A Cases - 2002

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37 Responses to “Hyderabad Police: No Arrests In 498A Cases Without DCP’s Permission – 2002”


  1. 1 Feminazihater March 30, 2008 at 6:29 am

    This is fascinating!

    This order was issued in 2002. In addition, it rightly quotes the Supreme Court judgment in Joginder Kumar Vs State of UP case.

    This proves beyond any doubt that police knew fully well when they effected any arrests under 498a, they were acting in direct contravention of the Supreme Court Orders and are thus in contempt of the court.

    All the victims who were subjects of such arrests must file contempt of Supreme Court cases against the police who subjected them to ILLEGAL arrests.

    Good work!!

  2. 2 Sunny April 3, 2008 at 6:55 pm

    This is a a clear evidence of an ERA OF POLICE HARRASSEMENT FROM 2002 – 2008.

    Victims of Police Harrassement must sue the Police for wrongful arrest and contempt of Supreme court.

    Victims must also demand such Police officers to be dishonourly terminated.

    Corrupt Police officials who arrested our mothers and sisters must be criminally prosecuted and jailed.

  3. 3 ififthelement April 12, 2008 at 6:27 am

    hi this is really interesting and i think i do have a weapond to fight against my 498 wife and inlaws .. thanks to Joginder Kumar

    lets do something and use this like “besharm” 498 wifes & inlaws do against us.. let not just blog here and use this .lets take it to the next level.

    thnks

  4. 4 shashi kumar April 24, 2008 at 9:05 am

    this is amazing ….
    hope this will save me

  5. 5 havepenwillwrite May 4, 2008 at 5:30 pm

    Sounds pretty damn good on paper, doesn’t it? What if I were to tell you (in fact, that’s what I AM telling you!) that Protocol No. 3 is commonly circumvented – as a matter of protocol!! What if I were to tell you that IRREFUTABLE evidence exists of a certain Hyderabad DCP showing a VERY PERSONAL INTEREST in a case and merrily disregarding standing orders from the Commissioner as well as the Supreme Court of India? What if I were to tell you that modifying the narration in the “Remand Report – Case Diary” to suit the palatability standard of the courts is simply a matter of waving the magic wand, and VOILA! Here’s yet another “Open & Shut Case”! Or so it seems on the surface until someone digs through the dung and uncovers the truth. Check out the circus at

    http://havepenwillwrite.wordpress.com/category/corruption-the-big-c/corruption-within-the-ranks/

    The sad fact of life is that such scenarios are typical handiwork of our Indian Police. These are not rare, isolated incidents attributable to honest human error; thus condonable (if speedily abated), but deliberate, criminal acts perpetrated by the Police and furtive tactics to cover-up.

    Check out Guidelines on Arrests, Police Lock-ups, and Polygraph Tests

    http://nhrc.nic.in/Documents/sec-3.pdf

    “Prompt action must be taken against errant police officers for violation of the guidelines. This should not be limited to departmental inquiries but also set in motion the criminal justice mechanism.” ENOUGH SAID!

    So when (not IF) you become a victim of intentional violation of mandated Police protocol (as well as controlling directives of the Apex Court), what are the options available to you? Here are some suggestions: take it or leave it!
    1) MAKE YOUR STORY PUBLIC! STAND YOUR GROUND. Approach the media to cover the story. The media has sometimes been known to be partisan: Their “impartial” reporting often slants toward scandal, sensationalism and the source of their information, viz. the Police’s version of the incident, because they weren’t able to get a hold of you in time (or couldn’t be bothered). Persuade your friends and relatives to join you and FLOOD THEIR OFFICE with Letters to the Editor.
    2) Organize your thoughts in writing and file formal complaints with the State as well as the Union Anti-Corruption Bureau, the CBI, Home Ministers, the State DGP and Commissioner of Police, the UN High Commission for Human Rights and their subsidiaries in New Delhi as well as their sub-office in your home State – AND FOLLOW UP because usually, the “people on top” are so damn busy looking important that they have long forgotten that they owe their jobs to people like you! SO REMIND THEM!
    3) Those who are not “directly involved” in your neighbor’s predicament, keep in mind that only impotent eunuchs stand by shamelessly as spectators while the brave set off to do battle! And yet they gluttonize on the spoils of victory!

    This is what propaganda, publicity, and public relations is all about in a nutshell: the art of persuasion! Be persuasive – and persevering!

    Get involved, People! This is not really a gender battle: 498A is simply yet another creative government-approved Scheme to supplement Police income at the expense of some misfortunate ‘mark’ whose spouse’s been stroking a hard-on. This is a struggle to reestablish RIGHTEOUSNESS and righteous living! Have we forgotten what “DHARMA” is all about?

    Bring these crooked cops out into the open. You can expect them to resort to the usual vile cover-up tactics. You can expect them to concoct even more “evidence” and adverse witnesses against you. Hell! You can even expect them to raid your house and plant serious “evidence” of a new crime. Worse case scenario: Torture or even a fake “encounter”. But they would be orchestrating this in a public arena where their tricks will not remain secret very long. Observe then with contentment how their very own support structure systematically collapses and they find themselves very much alone nursing a jock itch (that is, IF they still have anything left to scratch!). Besides, is it not worth dying on your feet for a worthwhile cause than living on your knees before worthless maggots? Believe me: CORRUPT COPS FEAR COPS!

    CASE IN POINT: There has not been a single comment registered by a member of the Police entrepreneurship that offered any challenge to our righteous complaints in this and other similar Blogs! But then, often being known as underhanded, back-stabbing extortionists, it wouldn’t jive to be direct and face to face when confronted with the truth, right? Have you ever seen maggots leap out from under the rock and defend their turf when threatened? Me neither.

  6. 6 Gokul May 6, 2008 at 7:18 pm

    Hi All,

    We need to do RTIs in Indian States as explained in my previous post with similar topic. The same is blogged for future reference and easy lookup at the following links.

    IMPORTANT : This message is of common interest, for all Indian States- if we do this exercise all over India we will make a quantum jump in tackling the menace of 498a(arrests by police could avoided to a large extent, even without Anticipatory bails). So please read carefully.

    http://at498a.blogspot.com/2008/04/arrest-guidelines-in-case-of.html

  7. 7 ANil June 24, 2008 at 5:17 am

    HI,
    arrests have already over & they r out on bail. NOw can we use this memo to complaint to DCP or other higher police official about the arrests made without any investigation or enquiry to sue the local police who made arrests.

    reply urgently…..

    • 8 kondaiah June 3, 2011 at 10:43 am

      you should do this. When I have shown to this copy to police when they came to arrest us they returned without a word. If we fight they will return otherwise they will scare us.

  8. 9 B K Mishra June 24, 2008 at 9:10 am

    divine decision although taken late. Request concerned authority to follow this circular if humanity is to be saved from barbarious law like 498a IPC.

  9. 10 Bijay June 26, 2008 at 6:04 am

    Friends,
    I think we are wrongly interpreting the Hyderabad Police commissioner’s order. This order is was only for Hyderabaf Jurisdiction and does not apply to whole of AP. We have to file a petition to DGP to get the order for whole of AP.

    Bijay

  10. 11 Ch. Mohana rao December 19, 2008 at 6:04 pm

    The circular on the top says, GOVT OF ANDHRA PRADESH. IN the down it is addressed to all the Woman and other police stations in the state. Hence, this circular applies to all the police Stations in the state. We have to fight it like that . No where the circular says, it is for Hyderabad only.

    Try this and call me if there is any problem, I shall personally come there and try to help. Ch. Mohana Rao, Advocate, 9440707878.

    • 12 Mrs. Kishore April 4, 2011 at 9:17 am

      Dear Mr. Rao

      My family is trapped in 498a for very wrong reasons.

      My only concern now is that can we travel to Hyderabad without getting any arrests done. We have an emergency medical visit to be done for my ailing mother.

      We have no choice other than depending on strangers because my entire family stays abroad.

      Thank you so much for your help.

      Eagerly waiting for your response

      Regards
      Mrs. Kishore

  11. 13 Mohd December 22, 2008 at 12:08 pm

    Kudos to Ch. Mohana Rao, Advocate. That is what a true advocate and human being should be like. Willign to help in person on the spot and also away form the spot. This advocate will reach great heights with this great helping attitude. Keep it up. Bring the dirt outta APPolize and clean it.

  12. 14 RAVICHANDRA MOHAN January 26, 2009 at 1:09 pm

    Respected sir

    its really good for innosent persons ,it give relief to the groom’s parents

    K.Ravichandra Mohan
    Advocate,Arbitrator&Tax Consultant
    9966006658

  13. 15 Kumar May 5, 2009 at 7:47 pm

    I have started to look up published articles on this topic in hyderebad, found this very informative atricle. Who can I contact for further details.

    Thank you

  14. 17 VenkatKrishna Reddy Kuturu May 6, 2009 at 7:41 am

    Hey Very True- My wife complained on friday the 13th June 2008, At 4 am Saturday morning police knocked on my doors, after I filed an RCR 2 weeks back. My dad is a DSP FYI. The cops told me and my dad that if we didnot surrender they would be obliged to arrest. We said how arrest on what basis. My BIL is also SI of Karimnagar district. My dad is retired long back 8 years. I see the truth. Surprising thing is they came to hyderabad from Warangal. They demanded 2 lakhs for ignorance and AB later. We were not willing to pay. My wife parents are court clerks and MIL got job in lieu because she harrased husband and he suicided. They abused all the way the whole street and scolded us in dirty and filthy language because we were not willing to pay. The cops are scum but now we are fine and healthy. Thank god it was a good lesson and we made sure we voted this time.

    Nothing happens in these cases. It runs on a minimum 8 years. No investigation no evidence…. nothing. just complaint.all acquitted. passport seized because we are NRI’s. Nothing happens guys. Just a waste of time, energy and money.

    • 18 Venu July 6, 2009 at 9:13 am

      Hi Venkat,

      Despite yours being a Law (court clerks) & Order (DSP & SI) family, you still had to face the ire of police, that too when you sibling and your dad is still serving.

      Hope, this serves as an eye opener to them to serve in WPC or WPS and save the so-called 498a- family members (husband, father-in-law, mother-in-law, & other male and female members) from being harrassed and extorted.

      and in false cases, hope, your dad and brother have the courage to file a FINAL REPORT EXONERATING our innocent brothren, their parents and other siblings and relatives. On the contrary, hope they would file a report to the honourable courts for perjury, false information, abuse of law, etc under relevant sections against the complainant and her family members.

  15. 19 Venkat October 14, 2009 at 10:02 pm

    In the subject it says clearly that “city police”. I am assuming that it is addressed for Hyderabad only. Any comments?

  16. 20 AFTAB October 30, 2009 at 1:41 pm

    Dear Sir,

    Thanks a ton for ur valuable posting , iam sure this memo will save all the people from the deadly threat like 498.

    I Request all the people if they are going to get married, or attndng any marriag pls pass this valuable information to the grooms family and if possible pls give the laminated copy of this letter iam sure this will be the valuable gift for them.

    Thanks
    Aftab

  17. 21 Police Officer March 13, 2010 at 4:53 am

    A famous criminal lawyer advised me to consult local MLA in DVA, 498a, or Divorce related issues before approaching court.

    http://www.indiademocracy.org/index.php/electedofficials/stateList/type/MLA

  18. 22 compuneo December 29, 2010 at 12:00 am

    Hi,

    Is this circular obligated/mandatory to be followed by Police everywhere in India?

    Or it is only relevant for where it was issued, for e.g. Hyderabad City, Delhi, etc

    Thank you.

  19. 23 mohd quddoos ali March 8, 2011 at 12:57 pm

    I AM ALSO A VICTIM OF 498A,DAV CASE AS WELL MAINTINENCE CSE,
    bride father is s.i in police, so he has pressurised very much with higher opfficil in our case,WANT HEAVY EXORTION AMOUNT TO SETTLE THE MATTER, all the process complete now the matter presetnly in court.i have used rti, BUT NOT RECVD NY PROPER REPLY,ALREADY FILE DP3 CASE THRU COURT, COURT ORDER F.I.R,ALREADY REGD FIR BUT HE HS TAKEN ORDER FROM HON”BKE HIGH COURT FOR NOT TO ARREST AS WELL FOR PROCEEDING STAY.TRYING TO VACATE FROM HIGHCOURT.FIGHT FROM OUR SIDE IS STILL GOING.

    THNKS AND REGARDS

  20. 24 Bal April 20, 2011 at 6:53 pm

    First I want appericate this web Team for including valuable information, keep up guys.

  21. 25 Shaik Yousuf Arfath May 19, 2011 at 8:43 am

    Hi,

    I am also a new victim of threats from my wife and In laws that they will lodge a 498a against me. My marriage is 14 months old and she stayed with me only for a period of 2 months and keeps going to her maternal home and never returns.

    I was even called by the police in the name of counseling and detained for a whole day,

    please advise what shall i do.

  22. 26 TC. CHAUDHARY May 28, 2011 at 1:36 pm

    IT IS A WONDERFUL INFORMATION . IT SHOULD BE CIRCULATED TO BAR ASSOCIATIONS FOR LAWYERS TO KNOW IT .

  23. 27 TC. CHAUDHARY May 28, 2011 at 1:39 pm

    I M A CRIMINAL LAWYER YET THIS INFORMATION ESCAPED MY EYES . THANKS ALL CONCERNED .I FEEL COMFERTABLE AFTER KNOWING IT .

  24. 28 Anuj September 25, 2011 at 3:28 pm

    Hi sir,

    2009 i married to a girl from Bihar(Through matrimonial portal),she came and stayed with me after 2 month of my marriage,once she joined me in bangalore after 2 month of marriage i found she had lots of baseless complaint about me on everything..her parents where interferring on each and every minute of life on everything…meanwhile she joined some call center in bangalore and first time shaw the metro life…now she has completely changed and asking me to divorcee by putting blame on my head..she had alwaysd problem with me aitout any reason..twice she tried to leave home and use to tell there family that i am alsking for dowry and beating her..i never knew why she was doing so untill she left my house(Hyderabad,i had shifted to hyderabad and she had joined me after 8 month).Now when i call there family they talk nonsence and say the same dialogue what her doughter repetas…i have no contact or know hwre she is living now..i am sure she is not living in bihar at her home town.
    They told me many time that they will put 498a against you … i dont know what to do now !!
    PLEASE help with your advice, now i dont want to live with such whore kind of lady…

    regards

  25. 29 RAVICHANDRA MOHAN, ADVOCATE September 27, 2011 at 7:30 am

    Mr anju, first ask your wife to come to matrimonial house or serve Legal notice under section 9

  26. 30 Balaji November 12, 2011 at 1:32 am

    I am also victim of 498a ,Is there a way to find a legal cases records of a person, the witness my wife specified in the Charge Sheet most of them are having illegal cases like (Gunda , IT raiding cases) which i came to know after marriage only, is there a way to get the PS/ Charge sheet information etc.

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  29. 33 Neha February 27, 2013 at 9:07 am

    Is it applicable in all over Indian or only for Hyderabad?
    Please reply…

  30. 34 Pushpendra singh July 4, 2013 at 8:38 am

    it should be applicable in all over Indian…

  31. 35 new mothers August 10, 2013 at 10:59 am

    Howdy! Do you know if they make any plugins to safeguard against hackers?
    I’m kinda paranoid about losing everything I’ve worked hard
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  32. 36 http://www.educaador.com/2013/08/congresso-sul-brasileiro-de-dor.html May 3, 2014 at 11:41 pm

    nie. Nie przewidział http://www.educaador.com/2013/08/congresso-sul-brasileiro-de-dor.html kopniaka, rasowego, bez złości,

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    Rozejrzał


  1. 1 Filed an RTI to the DGP Orissa - Right to Information Trackback on August 1, 2008 at 3:43 am

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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