Can i file sec 482 cr.p.c at calcutta hc before lodging complaint?

PARTHA SARKAR (Querist) 30 January 2012 This query is : Resolved
Kindly guide me under following situation before lodging false complaint (498A etc.):

Can I file sec 482 Cr.P.C at Calcutta HC before lodging complaint?
1. Can pray for direction to local PS & CJM before arrest they must investigate in spirit of RCR order & subsequent pending execution case.

2. Can pray local PS & CJM before arrest must take leave from this Hon'ble HC.

3. Can pray for necessary direction to local PS for protection to the petitioner to file WS.

On the other hand by filing separate case can I approach HC for ultra-virus order in my special situation as Calcutta HC never allows AB (438) without FIR details?

Kindly guide me.

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adv. rajeev ( rajoo ) (Expert) 30 January 2012
I think you cannot seek this u/s 482 of Cr.P.C. IN my opinion it is better to file a writ

Advocate. Arunagiri (Expert) 30 January 2012
The best remedy for all your queries is

"Anticipatory Bail".

FIR number is not necessary for getting a AB. You have to give the correct details of the complainant and police station.

Raj Kumar Makkad (Expert) 30 January 2012
Quashing is not possible without lodging any FIR. You can seek anticipatory bail if you are suspicious that you shall be arrested on false and fabricated grounds.

M/s. Y-not legal services (Expert) 30 January 2012
yes.. A.B is correct solution for this situation..

even not yet lodge complaint.. while being so you cant pray to quash., if you asked to a.b also there will be a reply as no f.i.r is pending., or petition enquiry is going on., in this situation in your a.b may disposed. in same petition you can pray for not to harass in the name of enquiry. court will consider.

further f.i.r lodged mean you can proceed to quash..

-tom-