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Once an FIR is filed by the wife against the husband and/or his family members with the concerned police station, then the husband must produce before the investigating officer the entire documentary evidences to defend himself against his wife’s false allegations and take a valid receipt. In case the investigating officer fails to take defense evidence, then the husband must send the documentary evidence to the investigating officer by post. The investigation officer is duty bound to consider your defense evidence and to make it part of the charge sheet.
Once an FIR is filed, then copy of the same is sent to the magistrate under whose jurisdiction, the concerned police station fails. The accused may take copy of the FIR from the concerned police station and if they refuse to give copy, then take the FIR copy from the magistrate’s office.
If the allegations made in the FIR are bailable offences, then there is no need to apply for anticipatory bail, however if allegations are serious, non bailable and non compoundable, then is better to obtain anticipatory bail.
The husband and other accused should never trust the investigation officer, who is duty bound to arrest the accused in a serious, non bailable and non compoundable case once they visit police station without obtaining anticipatory bail.
The investigating officer is bound to conduct free and fair investigation. The investigating officer is bound to be fair to the complainant and the accused. If the accused notices that the investigating officer is not conducting free/fair investigation, if his defense evidence is ignored, if the investigating officer is not following legal procedures properly, investigation is one sided, investigation is prolonged to harass the accused, then he may approach the superior police officers or the magistrate under whose jurisdiction the concerned police station falls.
The magistrate will ensure that the investigation is free, fair, evidence of the accused person is not ignored, proper legal procedure is followed, investigation is completed within reasonable time and charge sheet is filed.
The magistrate can only supervise that proper legal procedure is followed. The magistrate cannot:-
i) Interfere in the investigation,
ii) Direct the manner in which investigation officer should collect evidence,
iii) Pressurize the investigation officer to hurriedly file charge sheet.
This article has been researched and written by Advocate Aarun Chanda, who practices divorce law in Mumbai and Pune. It is intended solely for academic purposes and should not be construed as legal advice. Readers are encouraged to consult a qualified lawyer or advocate specializing in divorce cases for professional legal guidance.

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