Writ petition or stay-on-arrest or same-day-hearing order
Rahul Mendiratta
(Querist) 14 May 2013
This query is : Resolved
Dear Sir,
I have been implicated in a false 498A case by my estranged wife. The case has been lodged in U.P. However I am residing in Bangalore for past 6 years.
Lady inspector is asking me to get bail for myself and my family or otherwise she is saying that she will come to arrest us.
I am scared that if we all 5 members surrender in court and the court does not grant bail on the same day, then he may grant Judicial Custody.
Therefore, we are planning to go for quashing of FIR by filing a writ petition in HC. However our lawyer is suggesting that he can bring Sameday Hearing ordder and we can get bail.
Now my question is:
1. which is better - Stay or Sameday hearing order.
2. Can same day hearing order be taken for more than one person. if yes, can we go one by one on different days to court to take bail on the basis of that single order.
3. If HC grants stay, and when we go to court to take bail, then can the court can send us on judicial coustody.
4. Since, I am stayting in Bangalore and alleagdly the offence has been committed in Karnataka, whether we can ask the HC to transfer the case to Karnataka since jurisdiction is falling in karnataka.
Thank in advance.
Regards
Rahul
Kundan Kr. Singh
(Expert) 15 May 2013
Go to Allahabad court and take order from high court Stay of arrest.For transfer of case one state to another state go to Supreme court.
Rahul Mendiratta
(Querist) 15 May 2013
Dear Kundan Singh ji,
Since the offence has alleagdly been committed in Bangalore - Karnataka, the HC court must accept our plea to transfer the case.
Please guide.
Raj Kumar Makkad
(Expert) 15 May 2013
1. None can take guarantee as your lawyer is taking so nothing can be opined. It is better to go for quashing for all other family members of you except yourself if there are no specific allegations against them.
2. One by one is not a wise step.
3. No.
4. Instead of praying for transfer, you get quashing on that ground.
