11:00 – 19:00Informatory Petition – Legal Remedy against intimidation (498a ++)
In the realm of relationships, misconceptions and fears can often cloud judgment, leading to misunderstandings and unnecessary conflicts. One prevalent fear among men is the concern that their wife or dating partner may file a police complaint against them implicating with false allegations. This fear can stem from various sources, including societal stereotypes, past experiences, and misinformation. However, it is crucial to separate fact from fiction and understand the legal nuances surrounding such situations. In this blog, we delve into this fear, a possible legal remedy “INFORMATORY PETITION” and shed light on pros and cons.
What is Informatory Petition ?
An Informatory Petition is a legal document filed before a court or government authority to provide information or bring a particular matter to their attention. Unlike a regular petition, which seeks a specific action or relief, an Informatory petition is more informational in nature. It is often used to inform the court or authority about an issue of public interest, potential violation of law, or to request an investigation into a matter. The purpose of an Informatory petition is to draw attention to an issue and prompt action or further inquiry by the relevant authorities.
What happens after filing Informatory Petition ?
After filing an Informatory petition, the court or relevant authority will review the petition to determine its merit and the appropriate course of action. Depending on the nature of the petition and the laws governing such matters, the authority may take various steps, including:
a. Investigation: The authority may conduct an investigation into the matter raised in the petition to gather more information and assess the situation.
b. Action: If the petition raises a valid concern or identifies a potential violation of law, the authority may take appropriate action, such as issuing orders, conducting raids, or initiating legal proceedings.
c. Dismissal: If the petition is found to be without merit or does not fall within the jurisdiction of the authority, it may be dismissed.
d. Further Proceedings: In some cases, the authority may decide to take further proceedings based on the information provided in the petition, such as issuing notices, summoning individuals for questioning, or conducting hearings.
Overall, the outcome of filing an Informatory petition depends on the prayer and remedy sought for a specific circumstance of the case and the response of the relevant authority shall be accordingly.
What should the Petitioner do after the court orders ?
After filing an Informatory petition, it is advisable to obtain a certified copy of the petition and submit it to the relevant police station or local authorities. If the opposing party attempts to harass or disturb you, the law grants you the right and freedom to defend yourself. Additionally, the police are obligated to register your complaint and assist you in preventing any anticipated harm from the opposing party as per the court orders.
What are few Pros and Cons of filing an Informatory Petition
Filing an Informatory petition can have both advantages and disadvantages, depending on the circumstances. Here are some pros and cons to consider:
Pros:
• Bringing Attention to an Issue: An Informatory petition can help bring attention to an important issue or matter of public interest that may otherwise go unnoticed.
• Prompting Action: It can prompt the relevant authorities to take action, such as conducting an investigation or addressing a legal violation.
• Legal Protection: Filing a petition can provide legal protection by establishing a formal record of your concerns or grievances.
• Seeking Redressal: It can be a first step towards seeking redressal for a grievance or seeking justice for an alleged wrongdoing.
Cons:
• Legal Process: Filing a petition can involve a legal process that may require time, effort, and resources.
• Rejection: There is a possibility that the petition may be rejected if it is deemed frivolous or lacking in merit.
• Retaliation: In some cases, filing a petition may lead to retaliation or negative consequences from the opposing party.
• Limited Outcome: The outcome of filing a petition may be limited, and it may not always result in the desired action or resolution.
Can Filing Informatory Petition Prevent Opposite Party from filing complaint?
Filing an Informatory petition typically does not prevent the opposite party from filing a complaint or taking legal action. An Informatory petition is usually meant to provide information or bring a matter to the attention of the authorities, but it does not necessarily affect the rights of the opposite party to take their own legal recourse.
If the opposite party believes they have been wronged or have a legal claim, they can still file a complaint or take legal action independently of any Informatory petition that has been filed. The outcome of both the petition and any subsequent complaint or legal action will depend on the specific facts and circumstances of the case, as well as the applicable laws and regulations.
Can an Informatory petition be withdrawn or amended?
Yes, an Informatory petition can usually be withdrawn or amended, if necessary, but the process for doing so may vary depending on the jurisdiction and the authority to which it is addressed.
Can an NRI file Informatory Petition in India?
Yes, an NRI (Non-Resident Indian) can file an Informatory petition in India. The process for filing an Informatory petition is generally the same for NRIs as it is for residents of India. However, NRIs may face some additional challenges, such as the need to appoint a representative or lawyer in India to file the petition on their behalf. It’s advisable for NRIs to seek legal advice and assistance to navigate the process effectively.
What Action does the Police take after Informatory Petition is filed and copies are submitted ?
After an Informatory petition is filed and copies are submitted to the police, the police typically take the following actions:
a. Review and Assessment: The police will review the Informatory petition and assess the information provided to determine its validity and the seriousness of the matter.
b. Investigation: If the Informatory petition raises concerns about a potential violation of law or an issue that requires investigation, the police may initiate an investigation into the matter. This may involve gathering evidence, interviewing witnesses, and conducting inquiries.
c. Legal Advice: The police may seek legal advice or guidance from legal experts to determine the appropriate course of action based on the information provided in the Informatory petition.
d. Action: Depending on the findings of the investigation and the legal advice received, the police may take appropriate action, such as registering a First Information Report (FIR), initiating legal proceedings, or taking preventive measures to address the issue raised in the Informatory petition.
e. Communication with Petitioner: The police may communicate with the petitioner to seek further clarification or information related to the Informatory petition.
It is important to note that the specific actions taken by the police may vary depending on the nature of the Informatory petition and the laws and regulations applicable in the jurisdiction.
Will the Opposite Party come to know that I have filed an Informatory Petition ?
Whether or not the opposite party will come to know that you have filed an Informatory petition depends on several factors, including the specific laws and procedures in your jurisdiction and the nature of the Informatory petition. In some cases, Informatory petitions are filed confidentially, and the identity of the petitioner may not be disclosed to the opposite party. However, in other cases, the opposite party may be notified or become aware of the petition through legal proceedings or other means. After your hand over the copies to the Police and give a formal complaint, the Police as per the procedure for investigation may have to inform and call the opposite party for an inquiry.
What is the Alternate Remedy, as a Man or Husband being intimidated by his Wife or Girl Friend of Filing False Complaint / FIR ?
In case you fear of any false complaint that can be filed against you, you can proactively file an FIR either visiting the Police station or seeking help from a lawyer through the court. There are many other ways for your to protect your fundamental rights and can also file necessary civil or criminal cases against the party who is intimidating you.
To summarize, if you find yourself in a situation where you have apprehensions about someone’s malicious intentions to harm you or cause damage illegally, it’s essential to take proactive steps to protect yourself. Even if the harmful act may or may not occur, it’s crucial to ensure your safety and well-being. By filing an Informatory petition and bringing the situation to the attention of the court, as specified in Section 39 of the Criminal Procedure Code (Cr.PC), you are exercising your right to seek preventive measures and alerting the authorities to the potential risk. This proactive approach not only helps in safeguarding yourself but also contributes to maintaining law and order in society. Remember, it’s always better to be cautious and take necessary precautions rather than facing the consequences of inaction.
Feel free to write to us at mail@lawyersonia.com or call +91 9845944896 if you wish to consult or discuss your matter. “Sonia and Partners” is a Boutique law firm led by Adv. Sonia Rajesh supported by a team of qualified and among the Best Lawyers in Bangalore practicing in the area of Family Law and Criminal defence serving Citizens of India, Overseas Indians, NRIs and Global International Clients.
