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Raman (student)     06 August 2012

Whether its advisable to move to hc for quashing of fir ?

My cousin in law has dragged my name u/s 498-A/406 ... I move to Session court for AB which i was granted for limited duration and I was directed to move for regular bail

There are no specific allegations against me but Police on the basis of vague allegations has also dragged my name. The session court too affirmed that despite of having no concern/connection my nmae has been falsely been dragged but granted B of limited duration along with other accused applicants

In such case, whether its advisable to move to H.C for quashing of FIR?
whether H.C can quash FIR at this stage?

If not whether its advisable to move to HC for grant of regular bail?



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     06 August 2012

The Supreme Court in the case of S.S.Mhetre v. State of Maharashtra (2011) SCC has come down heavily upon the practice of granting anticpatory bail for a limited time period. Anticipatory Bail should ideally continue through the entire trial. There is no good reason that if the court has found the case to be meriting bail, to still confine it and ask the person to notionally surrender and then get bail has no purpose and is affront to common sense and reason. Challenging it before P & H is an option.


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