Section 438 ipc

modassir nasim (Querist) 06 July 2012 This query is : Resolved
Pls provide case law in view that section 438 crpc(anticipatory bail) is applicable in a complaint case where cognizance has been taken of non bailable offence and only summon has been issued ,warrant has not been issued.

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Rajeev Kumar (Expert) 07 July 2012
Anticipatory bail means a person who is seeking AB is under apprehension of arrest. So there is no need of case law where cognizance have been taken on complaint case in non bailable offence and the summon is issued there is still apprehension. So file the AB by taking good defence.

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