Sequence Of Events In A 498A FIR

The credit goes to Mr Gupta for compiling this valuable info.  As and when I have the time, I will incorporate this into The 498A Survival Kit.

Here are the steps:

This is ‘Police Warrant’ case i.e. instituted on police complaint (complaint given by ‘Informant’ i.e. wife in this case)

1] F.I.R.

2] Police Investigation (if at all takes place) & arrest without any necessity of warrant. In some States, D.C.P.’s permission is required for arrest.

3] Bail. Police asks for ‘Police Custody’ (called ‘PC’) for interrogation and recovery of articles (S.406 IPC). Accused submits custodial interrogation is not necessary etc. Then magistrate pass order for ‘Judicial Custody’ (called ‘JC’). Then accused apply for ‘bail’, say from ‘police prosecutor’ (called ‘pp’) and Investigation Officer (called I/O) is asked by court who always strongly objects religiously and then on argument from accused counsel it is granted (or not granted, then go to session to High Court to Supreme Court, at some place it is given). Important fact is that ‘bail’ is always granted from ‘JC’ AND NOT FROM ‘PC’. The process in legal fraternity is called breaking ‘PC’ to ‘JC’.

4] Then no need to attend court. On filing charge sheet, police sends summons or make telephone call to attend court to receive charge sheet, till such time – no need to attend court. However a tab shall always be maintained on chargesheet as many times police/court dont send information to accused at the time of filing chargesheet, but it does not harm accused except that precious time is killed.

5] At the time of receiving chargesheet which is given free of cost to ‘each’ accused by ‘pp’ in court, sometime court asks accused whether they are guilty, normally accused say – not guilty. Check the charge sheet – it is also called ‘Final Report’ – there should be a table showing list of witnesses and documents – many times it is not given, tell court for any discrepancy in it.

6] Then dates, accused must attend them or take exemption u/s205 of Cr.P.C. (permanent till trial starts).

7] Firstly, charges are framed u/s240 Cr.P.C. (if discharge application not made u/s239 Cr.P.C.) when accused can oppose.

8] Then First witness – wife – PW1 – PP asks question to her based on her complaint to take FIR on court record. Then accused’s counsel cross examine her.

9] Then her father (Pw-2), Mother (PW-3), Sister (PW-4) etc. whomsoever I/O has taken as witnesses and taken statements (which are given with chargesheet to accused).

10] Then I/O’s examination-in-chief by PP and cross by accused’s advocate (counsel).

11] With this, prosecution evidence closed. If accused has any witness, they can be called as defence witnesses (normally not called as they may by mistake say something against accused in cross examination). First accused’s advocate will take examination-in-chief and then PP will take cross-examine (prosecutin and defence role changes).

12] Accused are examined by magistrate u/s313 Cr.P.C.

13] Then PP gives argument, then accused’s advocate gives argument.

14] Enjoy – Now order – Acquittal/Sentencing.

15] Detailed written order is given after few days.

To get from point 1 to point 15, will take years. On the flip side, 498A conviction rates are very low, something like 2%. And then there is always the option to file appeals to the HC, SC and god  if a conviction occurs.

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SC Explains Conditions For The Quash Of An FIR – 2009

This is a 498A case, Sundar BabuVs State Of Tamil Nadu (CRIMINAL APPEAL NO. 773 OF 2003) – 2009.

Here are the conditions under which an FIR can be quashed:

1  Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused.

2  Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Sec.156(1) of the Code except under an order of a Magistrate within the purview of Sec.155(2) of the Code.

3  Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

4  Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Sec. 155 (2) of the Code.

5  Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

6   Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party.

7  Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.

Here is the judgment: SC-FIR-498A-Quash – 2009

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