AB provision not in UP.

provision of ab must be there as the provision is under the central act. someone gave you false information. 

Hi Mr. Arup,

Thanks for replying. You are right, AB is under the central act, but states do have the right to amend some laws, and during Emergency time in India in 70s, AB provision was removed by then state govt and since then this provision is not present in UP.

Can you please let me know if I take AB from any other state then will it work in UP.

Thanks!!

Please see this link regarding AB in UP:-   https://www.indianexpress.com/news/sc-for-anticipatory-bail-provision-in-up/267197/

read the news. it is impossible to ignore a central act by a state. perticularly where the law is very clear. no scope of confusion there. it cannot be removed. yes, state can make it's own provision but that will be in line with the central act, and not opposing it. if it is so, then it is vires,it violets the fundamental right of a person, under art 21 of the constitution of india.

here is another link in this forum itself  -  https://www.lawyersclubindia.com/forum/Stay-on-arrest-in-U-P-498A-case-/9181/

Yes, kulveer. You will not be able to get AB in UP. Get ready for the protection or for the regular bail.

AB is taken ONLY from the place where the case is filed.

Hi,

As I mentioned above that during election time last year FIR was lodged against Varun Gandhi (BJP MP candidate) in Pilibhit district of UP, but still he got AB from Delhi High Court and was not arrested. See link - https://www.rediff.com/election/2009/mar/20loksabhapoll-delhi-hc-stays-varuns-arrest.htm

My query is that , can we use this reference to get AB from Delhi and simultaneously file quash petition u/s 482 in Allahabad HC in the same way as he did, to avoid  arrest.

please try from delhi high court.

may please file another petition at allhabad high court seeking ab as a fundamental right.

it is another issue that ab will be granted or not, but the provision of ab must be there.

I am living in Gurgaon since marriage along with my wife, so if I take AB from Gurgaon district court or Chandigarh High Court (FIR filed in UP) & bring my family members in Gurgaon then still UP police be able to arrest us or not?