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sai narayana   12 July 2015

filing AB personally before filing FIR under 498A

I need the detailed procedure/proforma and the security amount, no of surities required to file Anticipatory Bail for me and my family members before filing of FIR under 498A by my long live wife. As the session court quite far away from me, I want to file AB in high court in person.


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 3 Replies

sai narayana   13 July 2015

Is no one here to answer?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 July 2015

You may file anticipatory bail petition before High Court u/s 438 of Cr.P.C. in person before the registering the FIR. the court will reject the bail due to premature of the petition but with the direction of Notice Bail.

 

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sai narayana   20 July 2015

Why lawyers are reluctant to file AB before FIR? I approached lawyers of session court and high court but the same reply, FIR needed to be filed before AB to know complete details with sections etc. I am a govt employee, so me and my family members are concerned about the bail obviously. One more thing, as it is entirely false complaint, neither my wife party has any evidence to prove their allegations nor as I was never expected such a cruel things from my life partner I have not stored any message/call to prove my innocence. On the day of counselling, even though i know its irrelevant to the complaint filed,they forced me to writtenly commit for potency test at girls parents desired place and in which I was proved to be fit 100%. But they have not withdrawn their complaint till today and they are ready with their fresh demands. I am completely fed up with their attitude. Except the saving accounts on her name and her name as nominee on my deposits/NPS/mutual-funds and a cell phone booked online for her to her parental address on lovers day I have no other evidence to prove myself. Can I go through 498A,406,DC etc cases if I fight genuinely or beg mercy with my wife's parents for my uncommitted offences? One of the lawyers i consulted advises me to file DV against my wife duly quoting facts and also with some false counter allegations to defend against such nil-hearted persons. I am in utter confusion, what is right and what is wrong. I don't want to put un-necessary allegations on any one and at the same time I should not be punished for the offences which I have not done or even I never thought of doing also. Please understand my situation and advise me accordingly.

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