bob (manager) 18 December 2013

Is it easier to get ab in 498a case , in kolkata high court.

Friends, Does kolkata high court deal with AB liberally for matters relating to 498A,406.

My AB got rejected in Lower court once, now i am in a dilemma , wether to go to HC or re apply in LC.

please reply.

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7 Replies

K*I*L*L*E*R (tech) 18 December 2013

Once rejected in lc u cant reapply in lc again u have to go to hc and most problily u will get it from hc

bob (manager) 18 December 2013

my lawyer told me, it can be re-applied again. But i thought, whats the logic ? Why would a court repeal its own order without any change in circumstance. Seems will have to move HC. .Any brothers who have had any positive or negative experience with kolkata high court, please comment.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 18 December 2013

U should re apply for ab in LC first with fresh fact, if don't get then u should move to HC. Y do u want to loose ur chance of LC?

T. Kalaiselvan, Advocate (Advocate) 20 December 2013

The anticipatory bail petition was dismissed in the lower court, one may again file a petition for AB after a week or ten days time or can approach high court after dismissal in the lower court. One can approach high court for AB even without filing a petition before lower court.

ashoksrivastava (scientist) 30 December 2013

Originally posted by : bob

Friends, Does kolkata high court deal with AB liberally for matters relating to 498A,406.

My AB got rejected in Lower court once, now i am in a dilemma , wether to go to HC or re apply in LC.

please reply.

@ querist have you read lower court judgement? Does it say that" as the articles have not been recovered this court does not consider it proper to extend the facility of AB to the accused"?

regards ASHOK