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Pk   21 October 2017

Section 66a,67,306,497

Hi,

Section in FIR 66a,67,306,497

Sessions Court have already rejected Anticipatory before few days (in months) ago.
Can police arrest accused(Aaropee) person if he have applied for Anticipatory bail in High Court and it court have not given any stay order for arrest and "Rule Returnable" in last order.
After that we are getting dates.
So Can Investigation Officer arrest accused under above sections as mentioned in FIR.

Thank You



Learning

 10 Replies

Jaspal singh (practicing lawyer)     21 October 2017

Dear Concern, Section 66A, i hope you are talking about the I.T ACT 2000, ..the same section has been repealed by the apex court and no more in force.

Rest as far as the other sections are concerned no one can guide you better without knowing the facts of FIR.

Yes but as far as the 497 IPC is concerned we have to see who is the complainant in dis case, beacuse as per the section 497 ipc only husband of women can be complainant.

So dear kindly share the full contents only than Experts can help you into the same.

Regards

Jaspal Singh (Adv)

9999987283

Pk   21 October 2017

FIR has been registered by husband of women.

Women W has been commited suicide.

 

 

Vijay Raj Mahajan (Advocate)     21 October 2017

Usually during pendency of the anticipatory bail application in High Court, the police avoid arresting the accused even if no stay granted by the High Court from arresting because even after arresting the accused has to be produced before the trail court within 24 hours where a regular bail will be sought and that may be allowed by trail court keeping in mind concerned matter still pending before the High Court.
1 Like

Nitish Banka (lawyer)     21 October 2017

Yes police can arrest...if needed for interogation apply for High Court for anticipatory bail

1 Like

Jaspal singh (practicing lawyer)     21 October 2017

Yes police can arrest..after the registration of FIR, keep in touch with local lawyer or apply for anticipatory bail.
1 Like

Pk   24 October 2017

Dear Jaspal sir,

Thanks for reply,

As you have replied "Dear Concern, Section 66A, i hope you are talking about the I.T ACT 2000, ..the same section has been repealed by the apex court and no more in force", So can you let me know which section is applicable inplace of 66A?

Also we are asking Investigation Officer to arrest the accused person but they are replying we can not arrest the accused person because mater is in the High Court. we excuse also there is not any type of order of stay on arrest as well from the beging of application for AB we are getting date.... like Date pe Date.... Sessions court have already rejected AB.

And in last status of High Court is something like "Rule Returnable" there is not any specific Stay for arresting accused.
 

Also we have found the mobile no used by accused is official mobile given by the company where he is working.So can IO can not inform The company as part of Investigation? But they are avoiding to inform company that "This perticular no is used in Crime by your employee and is registered with company"

 

Thank You,

Jaspal singh (practicing lawyer)     24 October 2017

Just beacause accused person has applied for bail in high court , No such law prevent to police officer for arresting.

police can arrest the accused and the bail application shall automatically become vain as the relief sought by accused become fractus.

Without knowing the whole  fact of the case i can not help you that what sections can be added in this FIR.

you can oppose the bail application on the day of hearing but with the prior permission of court and Public prosecuter .

Regards

Jaspal S Maini(Adv)

9999987283

 

1 Like

Pk   24 October 2017

What to do if police ignoring for arrest the Accused person?

Jaspal singh (practicing lawyer)     25 October 2017

you can better understand ...why police is igoning .. Regards

Pk   25 October 2017

Can I ask for help from DGP?

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