Fear of being arrested under 498-a/406


I am not criminal lawyer but has some access to practice

Brief facts: My brother is wedded to wife from Haryana Distt/state and after death of his mother she in 2010 vouluntarily left home and then she served notice demanding gold, silver and other articles

I filed the antcipatory bail but was not given as no complaint/FIR was regsitered then RCR before ADJ was filed which compel her to join matri home In 2011 she agin left home and in May 2012 she came for one day and then she filed the police case in Haryana I then fled the notice as well as anticpatory bail which was not given as PP informed that no FIR/COmplaint is pending before it Then we has been advise to attend CAW Women cell in haryana.

The CAW conciliated the process and advise that my brother and his wife to live in rented accomdoation( My brother is currently residing in Hostel of medical Institute)and advise to return all the articles But the father of girl admantly proceed on complaint and didn't even receive the communication

Tommorrow, Police cop from Haryana visited our premises and informed that they have received complaint from women cell and asked about the whereabouts of my brother and me and advised to return all those articles by 26/07/2012 and further informed that he will arrest my brother and me ( we 3 in family including my old age father)

Now in that case, whether I should file the fresh anticipatory bail on tommorow at Haryana?

The PP will again contend that FIR is not registered and there is no provison of Notice bail in Haryana, then what is the alternative?

Is it possible, that Haryana police will arrest me in court premises the moment I file the antcipatory bail application?

Whether its advisable that I should move to Haryan High Court? If my brother book truck for delivering articles at P.S,

Whether Poloce cop will arrest him in the P.S? Any other sugeestion that could be helpful?

 
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Senior Partner

1. Next time show to PP following judgment where in it is clearly mentioned that FIR is not the pre condition for anticipatory bail application and Constitution Bench of Hon'ble SC went further to lay down 9 guidelines for Bail matters ref.: GURBAKSH SINGH SIBBIA V. STATE OF PUNJAB 1980 AIR 1632 1980 SCR (3) 383 1980 SCC (2) 565


2. However you would come to know when the FIR is registered and can move AB application accordingly. Moving to P & H HC is not a good idea right now unless you want to burn money on failed legal fees.

3. The deadline fixed for delivery is still somedays ahead. Your brother can send an Advocate with truck to PS for delivery in safe condition all her articles as per witness from both sides via a signed list.

I donot see much problems in this query unless your side delays more and donot follow instructions of the local Police.

 

 
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