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DharmeshShah (Self Employed)     11 August 2012

Ab bail recd.in mumbai, dv/498 exp.frm kol.will it protect

Dear experts,

My elder brother and aged mom, have recieved AB (interim) frm Mumbai, we expect my SIL to file 498 and DV from Kolkata, we have third CAW councilling next 10 daysin Kolkata.

My question is :

1. Having recieved AB from Mumbai, will it protect us from arrests from false DV and 498a case filed from Kolkata ? i heard people saying woh log tum sabhi ko waha immediately arrest kar sakte hai. is that right ?

2. Do we need to apply for 2nd AB locally in her native place in Kolkata too.? if yes, then when, we have 8-10 days left for final councilling to be held in Kolkata.

Please note that my SIL left matrimonial home after she got exposed about her night stays and other acts, and then she secretly stayed with someone else during last few months after filing complain with CAW cell ,at her parents place.

Awaiting your expert views desperately.

Payal.



Learning

 15 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 August 2012

When you have got AB, police cannot arrest you. You have to surrender before the police and apply for the regualar bail.  For details contact your lawyer.

DharmeshShah (Self Employed)     11 August 2012

Thanks for the reply.

Can normal Bail , recieved from Mumbai court, enough to counter such arrests in Kolkata ?  , or we have to apply for yet another bail from Kolkata ?

(Pl.note we have to go to Kolkata for next councilling meeting and we're afraid they'll file FIR with arrests warrants, we just want to make ourselfs safe from such surprise arrests)

rajiv_lodha (zz)     11 August 2012

But whether AB obtained in this case has PAN-INDIA EFFECT?

Rajan Bhasin (Law Student)     12 August 2012

AB is applicable to the particular complaint. If complaint is different and bail is not inter-state you will HAVE TO apply AB in Kolkatta.

 

Regards

Rajan Bhasin

+91-9910571733

DharmeshShah (Self Employed)     12 August 2012

AB applied and recieved in Mumbai against DV and 498A, directing local police for PR bond in any such event . We need to go to Kolkata, we have apprehension that arrests in kolkata during councilling. whether this particular AB is enough or do we nee dto apply for yet another Bail ?

Pl.suggest  we are very much worried.

Payal

Rajan Bhasin (Law Student)     12 August 2012

Payal-you didnt got my point. This is very simple if complaint is differenet you will need to apply AB at Kolkatta also.

Feel free to call in case required.

Regards

Rajan Bhasin

+91-9910571733

rajiv_lodha (zz)     12 August 2012

Even I cud not get ur point dear, coz its not clear n bold.

Wife puts complaint in kokata, husband lives in mumbai. If husband obtains AB from mumbai court, kolkata police wil honor it

OR

Husband has to obtain AB from kolkata only, no need for mumbai court bail assuming that sole complaint is at kokata only!

DharmeshShah (Self Employed)     16 August 2012

Thanks Rajeev/Rajiv and Rajan for your replies.


(Guest)

She has filed case in colkata and court has passed warrant in colkatta.

Jurisdiction is colkatta.

Is this complaint case OR police report case. Disclose.

Jurisdiction is Kolkatta court. so at last you have to go colkatta court for regular bail.

As as well question of arresting Supream court has passed various order to not arrest at once in family matter case till henious situation. So possibility is less to arrest.

You have to file application in colkatta HC for AB or arresting stay.

 

 

Shashaank Mishra (Advocate)     09 September 2012

Dear Ms. Payal,

For the same cause of action the bail obtained by you will have pan India effect. What Mr. bhasin was suggesting was that if the opposite party decides to lodge another F.I.R./complaint with a different set of facts/grievancesthen it will become a new and separate cause of action and you will have to get new relief for it. But in the present case the police cannot detain/arrest you. Though it will be advisable to get a local lawyer at your side in Kolkata too.

 

Regards,

 

Shashaank

rajiv_lodha (zz)     09 September 2012

For the same cause of action the bail obtained by you will have pan India effect.

Experts plz guide, i stil do not agree about pan india effect. Lets assume there is only one 498a complait at Kolkata. Husband has obtained AB from mumbai court. If case gets registerd at Kolkata on the above mentioned complaint & police decides to arrest the husband, wil this AB protect him or not?

Isnt it so that Kolkata Court's AB only wil protect him?

Rajan Bhasin (Law Student)     09 September 2012

We have filled nationwide RTi for CRPC 41 ammendents, So dont worry. Police will givr notice to join investigation.

rajiv_lodha (zz)     10 September 2012

Originally posted by : Rajan Bhasin

We have filled nationwide RTi for CRPC 41 ammendents, So dont worry. Police will givr notice to join investigation.

But I am regularly seeing cases in punjab where police never gives NOTICE PRIOR TO ARREST TILL U HAVE NB IN UR HAND.

Kindly post me required protective documents at rajiv_1004 @ yahoo.co.in so as to help many helpless poor victims who can not spend for gettinh NB

Rajan Bhasin (Law Student)     10 September 2012

Rajiv, File similar RTI to Punjab SP as well. I have sent format to your ID


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