Real problem, it is not a academic query : search & sizure warrant issued after rejecting my ab
Sundram N
(Querist) 18 September 2013
This query is : Resolved
Dea Sir,
it is first of all to clarify that, it is a real problem happened with me that lower court issued search warrant without issuing and warrant or summon to appear in the specified date after filing of final chjarge sheet from IO.
i was very surprised when police approached to my native place. Actually, i am working out of bihar.
i approached to patna high court but opposition party is in very active to make search & siezure to my house. my lower advice to file bail petition and quash also.
kindly suggest that, the seizure will be happened out of state of the court's juridiction in my flat and cash and other valuable items will be siezed. further, i want to know that my bank account will be siezed in 498a cases' warrant.
Kindly take a real oroblem and advice so that i can go ahead properly.
Advocate M.Bhadra
(Expert) 18 September 2013
Abscond for the time being to avoid arrest, do not get arrested at any cost, ask your lawyer apply for anticipatory bail for all those people who have been named in the FIR, surrender to court after bail is denied. Then you can quash the High Court or you can file a Writ Petition for over action of Police authority. The police authority can not search every corner to comply 498a and 406 IPC.
After getting bail you should file a Divorce Suit immediately.
Ms.Nirmala P.Rao
(Expert) 19 September 2013
Dear Client,
Section 93 of Cr.P.C. empowers a court to issue search and seizure without warrant or summons only if conditions are fulfilled as laid down u/s 93 Cr.P.C.If the order of the Magistrate is arbitrary or capricious,illegal, unconstitutional and without jurisdiction etc or would defeat the ends of justice etc you can get it quashed by filing a Writ in the High Court as no summons/warrant etc were issued .Also seek an anticipatory bail through your lawyer.If 498 A proceedings filed by your wife have a strong prima facie case against you then the court can order seizure/attachment of your Bank deposits. Make out a strong case of your innocence in all the proceedings. You can also file a case for compensation against the police and your wife for an accusation made without reasonable cause after proving your innocence in all the cases against you.
Ms.Nirmala P.Rao
Legal Expert
Ms.Nirmala P.Rao
Legal Expert
Rajendra K Goyal
(Expert) 19 September 2013
Well advised by the experts, nothing more to add.
R.K Nanda
(Expert) 19 September 2013
agree with experts.
Sudhir Kumar, Advocate
(Expert) 20 September 2013
repeated at http://www.lawyersclubindia.com/experts/Police-threatening-to-search-and-siezure-my-native-place-if-not-bail-is-within-7days-423936.asp#.UjxHlX_Qzml
Sudhir Kumar, Advocate
(Expert) 20 September 2013
repeated http://www.lawyersclubindia.com/experts/urgent-advice-search-warant-issued-by-lower-court-after-rejecting-bail-by-session-court--423176.asp
