nitingupta 18 July 2016

Quashing and transfer of fir!

My clients include father and son who are charged with 323/353/504/506 IPC and FIR was lodged against them.

Father was served a notice U/s 41(a) CrPC. However, son get bail in a proper way after spending 3 days in Jail.

Police is under process to file the chargesheet.

Now is it necessary to get father bailed out from the competent court of law after spending some days in jail as in case of son.

I am an expert in civil laws but don't know anything about criminal procedure.

Respected members,

pls give ur opinon. What to do now ?

Regards,

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 18 July 2016

Sir,

You have to take the bail of the father as well.

Warm Regards

Kapil Chandna Advocate

9899011450

Nitin (Manager) 19 July 2016

Then what's the use of 41(a) CrPC Notice. It means after filing of chargesheet by the police, Father will also be sent to jail till bail. am I right ?

Shreshta@ JA Beno AOR supreme (AOR supreme court of india ) 29 August 2016

I agree with Mr Kapil, and further if you have grounds you can also seek for quashing of FIR and your opton is open even after the police file the charge sheet against your clients.