Arrest scenario in up (noida) ?

There is no provision of sec.438 Cr.P.C. in U.P. to get anticipatory bail,so you can file a Quashing Petition in High Court u/sec.482 Cr. P.C.You can seek alternative relief to surrender before Magistrate Court and approach for bail,but there would be a risk for custody.

try re conciliation

soft talk were over since months.

FIL trying threatening me since months but I am challengin him to take action but at the same time :-( I am little concerned about the scenario in UP.

So please enlighten me 

In UP since AB is not available the option is to apply for Stay on Arrest this can be done once FIR is registered. The Allahabad HC whicle disposing the Qaush application directs the concerned local court to grant Interim bail once the accused appears within a period of 7-15 days from the date of order (whatever period is mentioned on the order) and hear the final bail application after arranging Mediation locally. So the accused is granted Interim bail and final bail is heard after mediation results.

If your mediation is successful than the case is quashed but if it fails than the final bail application is put up. Generally the final bail is granted to the co-accused and little danger lies in case of main accused (the husband) but there has been instances in this site where the main accused also got final bail without arrest in UP inspite of various objections during bail from the wifes side in UP that means that there are changes in scenarious in up these days.

Try to just find a lawyer in Allahabad HC beforehand who would be required in case of need so you are well prepared beforehand.

Dear Querist

The Allahabad Hc Clearly state in a case that the police can not arrest in these type of the case till the arresting is not neccessary.

Recently amended Section 41A of Crpc give power to police to not to arrest the accused in offence below seven years punishable

*[41A. Notice of appearance before police officer. - (1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. 

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. 

**[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice."

*[Clause 41A Inserted by Code of Criminal Procedure Amendment act, 2008 and sub-clause (1) further modified by Code of Criminal Procedure Amendment act, 2010]

HIGH COURT OF JUDICATURE AT ALLAHABAD Court No. 46 Case: Criminal Misc. Writ Petition No. 17410 of 2011 Petitioner: Shaukin Respondent: State of UP and others Petitioner counsel: Mrs. Tabassum Hashimi, Ashwani Kumar Srivastava Respondent counsel: Government Advocate Hon’ble Amar Saran, J. Hon’ble Kalimullah Khan, J. 1.A personal affidavit of the DGP, U.P. dated 11.10.11 has been filed and this Court is pleased to note that in compliance of our earlier order dated 15.9.11. the DGP, U.P. has issued a circular dated 3.10.11 addressed to all the regional IGs/ DIGs/ SSPs/SPs in-charge of all districts and departmental heads of other police units to strictly enforce the newly introduced amendments, viz. sub-section 41(1)(b) and section 41 A Cr.P.C and the directions contained in the order of this Court dated 15.9.11 in Cr. Misc Writ Petiton No. 17410 of 2011, Shaukeen v State and order dated 23.9.11 in Cr. Misc. Writ Petition No. 18661/ 2011, Ram Abhilash and others v State. 2.It was also pointed out in the circular that the investigating officers who file counter-affidavits before the High Court do not have any knowledge about these provisions and how they are to be applied. 3.The following observations in the order dated 15.9.11 have been quoted in the DGP’s circular: “Let a copy of this order be forwarded to the DGP, U.P. within one week by the registry. The DGP may circulate this order to all police stations and investigating officers in U.P. with directions to ensure strict and honest compliance with the provisions of sections 41(1)(b) and 41 A Cr.P.C and to refrain from routinely arresting persons wanted in cases punishable by imprisonment up to 7 years, unless in particular cases the exceptional circumstances enumerated in section 41(1)(b) Cr.P.C. exist, after recording his reasons for arrest. Let the DGP submit his compliance report of this direction within three weeks.” 4.Annexure 2 to the DGP’s affidavit in compliance of our dated 15.9.11 also contains the following endorsement from all 72 districts in U.P.: “???? / ???????? ?? ???? ?? ??????? ???? ?? ???? ?? ??? ??” 5.The directions were issued by the DGP’s circular dated 3.10.11 to the subordinate police officials to clarify that ordinarily the police shall not immediately arrest accused persons wanted in matters punishable with imprisonment upto 7 years. This limitation was subject to the exceptions mentioned in the aforesaid amended sections. 6.By the present order we proceed to explain the import and meaning of the amended provisions 41(1)(b) and 41 A Cr.P.C, and to give some illustrations where accused could be arrested straightaway on the lodging of the FIR, and other illustrations where immediate arrests may not be needed, because we think that in many cases the police is still routinely proceeding to arrest accused persons even if they are involved in offences punishable with up to 7 years imprisonment, in contravention of the express terms of sections 41(1)(b) or 41 A Cr.P.C.

Nadeem Qureshi (Advocate)

email : nadeemqureshi1@gmail.com

web: nadeemqureshi498a.webs.com

Mob: +91 9953809956 +91 8802305262

Hi naddem,

thanks for your detailed reply.

Still I keep hearin horrible/immediate arrest stories of Noida, UP. And most of the 498a/406 victims say that police normally dont follow these CrPc41 ammendments or they hace several means or tricks to bypass them.

So I am really interested to hear the practical scenario but not the theoritical one.

Please share any experience.