Anticipatory bail not given..what to do?
Mentally Depressed
(Querist) 24 June 2012
This query is : Resolved
My sister in law and her father has moved 2 complaint applications one before the Protection Officer(filed by sister in law) in which my brother is the only respondent
and one before the CAW( filed by her father) in which my brother, my father and I was made parties
Both the applications were filed in her home town and issued summons to appear which my brother and I already has been participating( except my father who is weak and infirm to travel)
Prior to this, I filed the Notice bail/Anticipatory bail application before the ASJ of that Distict which were heard and denied as Police has informed through its PP that no complaint and FIR is pending or lodged against us and thus our application was treated as premature
Now the CAW is threatening us that they will refer the same to police who will arrest us on the charges of 498-A/406..
on the basis of above said circumstances what should we do?
1 whether we have to take prompt action to move for fresh anticipatory bail application before session court or shall we move to the High Court in that regrad?
2 How can we know that FIR has been lodged? whether Police will send some information/summon to us for investigation?
3 Whether Police will do some investigation or straight away arrest us?
(The Ld ASJ has informed that on such offences that they will not arrest accussed..I think he might be joking??)
Devajyoti Barman
(Expert) 24 June 2012
1. Let the FIR be registered first. Before that your application would be prematured.
2. Keep track in the local Magistrate court having jurisdiction over the concerned PS.
3. May straightway arrest you but in view of recent amendment of CrPC giving a reson for arrest has become mandatory.
Shonee Kapoor
(Expert) 24 June 2012
You would get AB in all probability after the registration of FIR.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.RAJENDRAN
(Expert) 25 June 2012
The Apex Court has held in its decision reported in AIR 1980SC1632 that filing FIR is not a condition precedent to the exercise of power under section 438 of Cr.P.C
Mentally Depressed
(Querist) 25 June 2012
That's old citation..There must be some new changes have been made..Any way in that case, whether I should move to H.C for fresh bail application?
