My sister in law and her father has moved 2 complaint applications one before the Protection Officer(filed by sister in law) in which my brother is the only respondent
and one before the CAW( filed by her father) in which my brother, my father and I was made parties
Both the applications were filed in her home town and issued summons to appear which my brother and I already has been participating( except my father who is weak and infirm to travel)
Prior to this, I filed the Notice bail/Anticipatory bail application before the ASJ of that Distict which were heard and denied as Police has informed through its PP that no complaint and FIR is pending or lodged against us and thus our application was treated as premature
Now the CAW is threatening us that they will refer the same to police who will arrest us on the charges of 498-A/406..
on the basis of above said circumstances what should we do?
1 whether we have to take prompt action to move for fresh anticipatory bail application before session court or shall we move to the High Court in that regrad?
2 How can we know that FIR has been lodged? whether Police will send some information/summon to us for investigation?
3 Whether Police will do some investigation or straight away arrest us?
(The Ld ASJ has informed that on such offences that they will not arrest accussed..I think he might be joking??)
Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792
It is wrong to say that the police will arrest you if the FIR is registered. There is a plethora of guidelines now by the SC which ensure that arrest is not made as a matter of routine when the FIR is registered u/s 498A. It is incumbent upon the police to investigate the allegations thoroughly and arrest the accused only if warranted.
Since the notice bail has been denied you should now wait for the registration of the FIR, and as soon as it is registered apply for AB. The police will call you for investigation when the FIR is registered.
IT NOT MENDATORY THAT APPLICATION U/S 438 SHOULD BE FILED AFTER FILING COMPLAINAT BUT EVEN THOUGH WITHOUT FILING FIR BAIL APPLICATION WILL MAY BE FILED IF U R READY TO PAY THE MY LEAGAL FEES I WILL SEND U RULINGS. IF U R INTERESTED CALL ME 09448035651 AND U KEEP IN MING SO MANY BAIL APPLICATIONS MAY BE FILED BEFORE THE SAME JUDGE.