Radhakrishnan (BPO) 07 July 2010
I discussed with my lawer today to apply for anticipatory bail through high court becuase the women police was not ready to file an FIR. But my lawyer told that in the high court the magistrate may not accept for applying a anticipatory bail again. The magistrate may have a chance to reject. The magistrate is a woman and she tends to reject such a cases. Kindly suggest how to go up
Legal Fighter (Advocate) 07 July 2010
No anticipatory bail will be granted till the FIR is filed. Till then you can apply to session's court for pre arrest notice of 3-7 days.
N.K.Assumi (Advocate) 07 July 2010
With due respect to Legalfighter, filing of FIR is not a condition precedent to the exercise of power under Section 438 CrPc as per the pronouncement of Supreme Court in Gur Baksh Sing vs State of Punjab.AIR 1980 SC 1832.
Radhakrishnan (BPO) 07 July 2010
now my case is women police is looking for me as well as my parents for discussion based on the complaint given by my wife. Our suspect is her father is a police man and his intention is to put in the jail. That women police is not filing an FIR till 20 days had gone
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