Best move : crpc 397 or 482 ?
crusader
(Querist) 22 April 2015
This query is : Resolved
Dear All,
Once a magistrate issues NBW, could you please let me know which option as mentioned below is advisable?
1. Does the accused has the liberty to go for "revision' under crpc 397 in Session, since he/she could/has not received any official summon?
2. If 'Revision' is rejected by the Session Court, then does the accused has the liberty to go to HC with the same prayer under 482?
3. Should the accused go for AB and then simultaneously apply for QUASH in HC? Please advice.
Which is the best advisable move that the accused should take?
NOTE: As per my opinion, the accused should not take Bail, because taking Bail would indirectly involve the accused in the case and unnecessarily he/she would be harassed although though he/she is not guilty.
Thanks for your suggestions.
Regards,
Legal Enthusiast
Devajyoti Barman
(Expert) 22 April 2015
what is the actual dispute? We are not here to teach law.
crusader
(Querist) 22 April 2015
Respected Mr. Barman Sir,
We would be highly obliged if you teach us nuances of law, because you are considered as one of the most learned, talented and highly active online legal expert in the lawyersclubindia forum. Thanks for helping people like us who are unaware of the Indian law.
The actual dispute is that the person has been wrongly implicated under IPC 406 through court complain case. He has not received any summon since he resides in some other city. One day, police came to his native and took his father to the Police Station and told him that you and your son are accused in this particular court complain case. For both of you NBW has been issued, please go and take Bail from the court and gave one week time after demanding money.
Now, my query was regarding the same that when the person has not done any crime, why should he take Bail. Even, summon was also not served to him. Therefore, should he go for CrPC 397 or CrPC 482. Which is the best move for him without getting further harassed.
Thanks in advance for your kind reply.
Regards,
Simple down to earth person who has decided to help poor and needy people.
Rajendra K Goyal
(Expert) 23 April 2015
The case has been filed in the court and now the court would decide whether they are guilty or not.
Consult local lawyer and take bail.
Guest
(Expert) 23 April 2015
Mr. Crusader,
Evidently, it is not your personal problem.
Further, if the police stated that for both father & son "NBW has been issued, please go and take Bail from the court and gave one week time after demanding money," that gives some inkling that it is a fabricated story or an academic query. Moreover, if you are a crusader, "Simple down to earth person who has decided to help poor and needy people" and wanted to help the persons, you being a Legal Enthusiast, why you did not ask the police to show the NBW and how they were agreeable to release the duo without producing them before the magistrate?
So, the best move for you is to advise the father, son duo to take the help of some local lawyer to know why they are being harassed, when according to you, "the person has not done any crime." If there is any such case, they can get defended through the same lawyer also.
SAINATH DEVALLA
(Expert) 23 April 2015
U are not a legal enthusiast but really a legal crusader.U are aware of the sections of crpc better than us and U could find solutions on UR own.
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
Dear author, you have mentioned in your subsequent post that you are unaware of Indian law, so you are aware of foreign laws alone sitting in India as Indian citizen?
The NBW may either be recalled or bail can be taken after which you can prove your innocence before the court if you are really one otherwise there is no escape from the clutches of law.
