Rojer (Head IT) 25 May 2011

Query about stay order

Hi experts,

After my wife filing a complaint to Police and about 3 months of failed counselling in CAW cell, i applied for AB for myself and family. Session court did not give AB for anyone on the grounds that still a case has not been registered. FYI.. still no FIR has been registered by Police but they said they might do it. Session court has given a stay order on arrest for 5 days in case Police wants to arrest in 406/498a case.

Please let me know is this stay order as good as an AB? Someone told me that Police may still file an FIR and arrest without notifyuing as they did in one of the case saying they tried contacting (when they actually didnt) but were failed to notify so came to arrest after 4 days.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 25 May 2011

It is not AB just it is stay of proceedings of the police. It is better to apply for the AB after filing FIR. You can get the AB in the Dist., court of your Dist also. Eg., FIR is filed in X town and you are in the Jurisdiction of Y town, you can apply for the AB in Y dist court.

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Rojer (Head IT) 25 May 2011

Thanks Rajeev,

So, it is confirmed that police wont arrest immediately after FIR is filed and i will get time to file for AB?

Complaint has been filed in Punjab and i reside in Ghaziabad (UP) so can i file AB at any of these places once FIR is filed?