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V NAGARAJA SARMA (Superintendent (Retired) II AJFCM. Court Kadapa)     15 July 2013

Doubt on filing petition u/s.438 crpc., instead of 70(2)crpc

NBW was issued against the Accused who was charged with offences triable by the Judicial.  Instead of filing apetition u/s. 70(2) Cr.P.C., he moved a petition u/s. 438 Cr.P.C., for grant of anticipatory Bail. Is the said petition is maintainable or liable to be rejected / returned. --- V. Nagaraja Sarma, Sr. Asst., District Judge's Court, Kadapa. 



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 1 Replies

Anjuru Chandra Sekhar (Advocate )     15 July 2013

Petition under section 438 are maintainable only for non-bailable offences. 


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