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498aFighter (Analyst)     02 November 2010

AB from Delhi

Hi,

 

I am currently living in Delhi with my family. My wife has filed 498a and other cases against me & my family members at Moradabad in UP.  My questions are:

 

1)As AB is not present in UP can I take AB from Delhi to avoid arrest?

 

2)If UP police comes at my residence at Delhi for arrest, then can AB from Delhi court will be able to stop UP police from arrestimg me and my family members from Delhi.

 

Please advise.

Thanks!!



Learning

 13 Replies

Arup (UNEMPLOYED)     02 November 2010

PERHAPS AB GIVEN TO THE CONCERNED HC.

1 Like

Avnish Kaur (Consultant)     02 November 2010

hire an excellent lawyer, yes delhi AB will work as stay arrest .  they cannot arrest u without INFORMATION TO delhi police . there is a new order 2 days back by U.P. police commisioner not to arrest directly without investigation. also try to find copy of FIR ,/ complaint copy . send them ur reply thru expert criminal lawyer on paper.

2 Like

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     02 November 2010

Dear Querist,

 

As regards AB, it is general practice that the Court within whose jurisdiction the offence is alleged to have been committed has the sole discretion to try the offence and grant bail, certain judicial verdicts of various high courts have held that as the anticipatory bail pleas are against an apprehension of arrest, the Court within whose jurisdiction the arrest is apprehended has also got the power to grant the anticipatory bail even though the case FIR may have been lodged in the jurisdiction of some other Court. So you may take a chance since you have your present residence in Delhi.

 

Trust this would suffice.

2 Like

Avnish Kaur (Consultant)     03 November 2010

1 Like

498aFighter (Analyst)     03 November 2010

Hi All,

 

Thanks for replying. Last time we (me and my wife) were together was at Delhi only where her parents came and took her away(I have video recording of that & witnesses too). But in FIR they have alleged that I came to their home and harrassed(totally false allegation) their daughter so thay filed FIR at Moradabad. 

So here are my concerns:- 

 

1)Isn't the FIR lodged at Moradabad invalid, it should be lodged at Delhi only? (as Iast time we were at Delhi only).

 

2)Can any ld member advise, my proofs(recording and witnesses) help me in any way?

 

3)What are the various measures & steps I can take on the basis of those proofs as of now?

  

@ Nu.Delhi.Law.Fora

 

Can you please provide any citation of various High Court Verdits regarding the AB you mentioned above.


Thanks & Regards

Adv Nitin Kumar (Selfemployed)     03 November 2010

Dear Querist, First of all, you have to take a good lawyer, you can't get AB from Delhi, You have to move UP Highcourt to get stay against arresting from there, you can get it easily with the help of lawyer, with in a week,Stay on arresting is up to filling the chargesheet, if your IO has filed the chargesheet then you have to take bail from your local or session court. You need not to fear but you have to remember no body should be arrest before getting the stay, to escape from arresting you can change you residence or have to underground. Regards Nitin Kumar nitin131981@gmail.com

Arup (UNEMPLOYED)     03 November 2010

1)Isn't the FIR lodged at Moradabad invalid, it should be lodged at Delhi only? (as Iast time we were at Delhi only).

- have they mentioned the date, time, & place of occurence? if yes, are they were at delhi on that time? have you witness for it? if so may pray quash the fir on that ground.

1 Like

Arup (UNEMPLOYED)     03 November 2010

2)Can any ld member advise, my proofs(recording and witnesses) help me in any way?

 

- witness will help you.

1 Like

Avnish Kaur (Consultant)     03 November 2010

both recording and witnesses will help u , but most important is a cunning , expert and honest lawyer. he can just change the direction of your case. try finding someone whu can act both at delhi and up.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     04 November 2010

 

Querist, 

the first thing you should boot with is that its a basic principle of law that all crime is local, and every crime is to be tried by court in whose local jurisdiction it happened, as you have said you and your wife last resided in delhi only, only delhi courts have the jurisdiction, if she made the complaint in UP, the same should have been transferred to delhi Police, after registering a Zero FIR (as Police cant refuse FIR) for investigation, The practise adopted in your case as to filing cases in other states to torture & agonize the husband & family, has been frowned upon by Courts in a variety of judgments.

Anticipatory Bail can be obtained in Delhi High Court too, as the offence has been committed here. 

In UP there is no AB - but the practise of same day bail is there, in which a notional surrender is done in the court, and the court releases the person on bail in exercise of its powers u/s 482 Crpc. But a very strong case on merits needs to be made out for that. 

Rest has to be gathered from the facts of the case. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 November 2010

Dear Author and LCI members,

For ur kind information the provision of AB has been restored in UP after 30 years back.

1 Like

498aFighter (Analyst)     10 December 2010

Thanks Rakhi for your views, but I came to know that UP Govt has not enforced provision of AB yet.

 

Can I apply AB directly in SC as AB from there will be applicable all over India. And if not than is there any way to apply AB in SC?

 

Any views on that plz.

 

Thanks!!

Adv Nitin Kumar (Selfemployed)     16 December 2010

Dear 498a fighter, You have to discussed with Lawyer in UP, there is no provision of AB in UP but you can apply for stay on arrest in UP High Court, it will be got by you easily from there, you need not to go SC, it is protection from arresting, if you get this you have got the so much time to think what you have to do. If you check, in these cases in UP, many have to take the investigate and everyone know about the 498a case is for the harassment of inlaw, firstly you have to discuss with good lawyer in UP.

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