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domestic violence case

Page no : 2

Sachin (N.A)     30 November 2016

You can file for AB before registration of FIR but those cases are very rare.

Courts gernerally don't grant AB prior to FIR.

 

 

It is wrong that police will not grant you time after FIR as police is bound to obey the order of SC.

 

It is clearly written in judgement  "Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically."

 

Sachin (N.A)     30 November 2016

Reason why courts do not entertain AB before FIR 

 

Under sub-section (1) of Section 438  of the Code is exercised, the Court must be satisfied that the applicant invoking the provision  has reason to believe that he is likely to be arrested  for a non-bailable offence and that belief must be  founded on reasonable grounds. Mere “fear” is not  belief.

Arjun   30 November 2016

Originally posted by : amrit kumar
She is ready for divorce and want money. i am ready to give such money to lawyers instead of her. she will learn a lession nd never ever face toward police or court for false alligations. as she did in my case. 
can i apply for bail before FIR?????

You are right, i like your spirit. Never giveup. If al the men are with this spirit, wife's wont file any false cases in future.

regarding AB, Sachin sir is correct. Nothing to worry.

Thanks,

Arjun


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