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Krishna (Engineer)     30 March 2010

Suggestions Required - Please help

Dear All,

A criminal case was filed against me in tamilnadu. I got a anticipatory bail from chennai high court. All the conditions was met by signing for 10 days as per the court order

Now the case is going to transfer to pune where the alleged crime happened. Im planning for a new antocipatory bail from pune sessions court. Please let me know, whether the pune court will lay a condition again like siging for 10 days. Or chennai high court AB is enough.

Friends, Please let me know. As i need to apply for AB since i already got it from chennai high court.

Krishna



Learning

 8 Replies

Devajyoti Barman (Advocate)     30 March 2010

How thw case  is going to be transferred to Pune anyway? I beleive by the order of the Supreme Court u/s 406 of Crpc. Whatever, once the formalities of bail are completed you need to pray for another anticipatory bail if the case is transferred to another court as the transferee court will only continue from the stage to which the proceeding last took place.

Krishna (Engineer)     30 March 2010

Once the case is transferred to pune cant we use the same anticipatory bail?

 

Is there any possibility of the arrest once it is transferred if i didnt get the AB on time?? Bcos the sections are non-bailable!!!

 

Please reply

 

Krishna

Devajyoti Barman (Advocate)     30 March 2010

In Pune you simply do npt require any fresh bali and hence no question of rejection.

Krishna (Engineer)     31 March 2010

Will a High court can transfer a complaint/FIR from one state to other??

 

In my case the complaint is given against me in TN and the police have not filed an FIR. The alleged crime was happened in MH. Is it possible for the opposite party to go to high court for the transfer of the case from TH to MH??

 

Your suggestions on this please

 

Krishna

Vinod kashyap (Advocate & Legal advisor)     31 March 2010

High court can transfered the case only within the state jurisdiction. any case only be transfer one state to another state by SC u/s 406 Cr.P.C. 

Krishna (Engineer)     31 March 2010

Dear All,


Please help me...High court hearig was postponed for tomorrow in my case.

 

A case was registered against me and my family in TN. we got an anticipatory bail from chennai high court.


The police is yet to file an FIR, since the alleged crime was happened in maharastra.

 

The opposite party has filed a complaint in the chennai high court that "to file an FIR in the TN police station and  transfer the same to maharastra" . hearing came today in HC and the same was postponed for tomorrow...the court has asked only the local police to appear for the case and not any one from my side.

Since court is not going to hear our side argument, there are likely possibility that it may get transferred.
Can we argue for the case?? but no notice have come to us from court...

 

Or please tel me how to argue in this if our lawyer appear in the court tomorrow...any judgements will be helpful for me..

 

I dont want it to be transferred

Please suggest

Krishna

Krishna (Engineer)     31 March 2010

The High court can put an order to the particular police station (where the complaint was filed ) to trasfer the case to the other state police station???

 

Your comments on this please

 

Krishna

Nilesh (regional bussiness manager)     27 April 2010

in 2004 i availed a bike loan from icici bank. after 20 months i surrendered the bike to the bank due to financial crisis. i got all my cheques back except my security cheque. i got no due certificate as well as noc from the bank. after 1 year bank deposited my cheque which was bounced. this was really unethical on their part. they launched a case and issued a non bailable warrant on me. now they hav withdrawn the case n i havn't paid them a single peny. they accepted their fault and did so. what can i do to them so that they will not do such thing to any other person? i faced a lot of humiliation and mental stress in all this.


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