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revolutionary (NA)     07 January 2013

Fir registered

Respected Members

   FIR has been registered under the section of 498a and 406. From the time of FIR how much time does it take for police to arrest? The case is in Delhi.

If the accused are outside the country, how much time would it take the other party to get a LOC or RCN?



Learning

 2 Replies

Saurabh..V (Law Consultant)     07 January 2013

@Author

 

Firstly, 498a is now an offence for which before arrest, permission of an officer of DCP level or more is required. That is why 406IPC i.e. Criminal Breach of Trust has been slapped so as to ensure that arrest cannot be halted.

 

Now you have to understand who are all named in the FIR and if there are any inclusions who live in India. Police shall act immediately and would not wait till you seek Anticipatory Bail. So it is expedient that you immediately move to Court of Sessions and seek Anticipatory Bail. Pls engage a good lawyer. If in case you need reference I can provide you.

 

Additionally, LOC or RCN cannot be issued in routine unless not asked by the court. Police is not empowered to invoke LOC etc in such cases. But once court issues orders, then also seeking presence from LOC or RCN takes a lot of time. Those who are abroad are safe.

 

Now you immediately apply for Anticipatory Bail but before that let your advocate find from the Police Station who all are named in the FIR.

 

//peace

/Saurabh..V

2 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 January 2013

In Delhi you can get anticipatory bail (notice bail) even if you are an NRI subject to you joining investigation/ mediation proceedings by a certain date.

 

LoC can be opened with the permission of the DCP, and sometimes the process is too fast. It would all depend upon how the other party is fighting their case.

 

 

 

Regards,

 

Shonee Kapoor

1 Like

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