Vijay (law student) 02 March 2012

Reg: sec 498a

Hi Everybody,

It is learnt that Anticipatory bails provision back in UP after about34 years. Is it effective/ in force as on date? If not can an anticipatory bail be obtained in a Sec 498a case citing the developments? If not how do I obtain an anticipatory bail given that I am from Karnataka and my wife is presently residing at UP and contemplating to file a case under Sec 498a at UP? By when would the proposed anticipatory bail provision be back in UP?

If my wife as a result of a failed marriage files a false case under Sec 498a say at Ghaziabad UP against me a permanent resident of Bangalore Karnataka will the cops swing into action immediately and come and arrest me without any notice? If not it would be of immense help if you could briefly explain the procedure since the onset of filling the complaint at UP and the steps required to safeguard myself & my family members?

Regards,

Vijay.

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6 Replies

Raj Aryan Malhotra (assistent) 02 March 2012

you can get anticipatry bail....no dnt worry no cops will arrest you without any warrant... n they cant do that...secondly dnt get any advice from any advocates from this site... its of no use as i suffered lot.

Never Give Up (Fighter) 02 March 2012

@Raj,

I have a different experience on this forum. Experts advise here have been very much helpful.

Dilip Kumar Dutta (Legal Adviser) 02 March 2012

It appears that your wife is cntemplating to lodge an FIR against you. She has not yet lodged an FIR or file a complaint. Hence it would be premature to move the court for pre arrest or anticipatory bail. You can move a court with competent jurisdiction only after an FIR is lodged or a complaint is filed against you.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 March 2012

Dear Vijay Anticipatory bail provision is not back in UP yet, it was only proposal not pass or enacted. in 498 A case you can file a quash petition before HC with arresting stay and you can get interim bail with the condition or without condition as case may be or HC think fit so, Feel Free to call

Raj Aryan Malhotra (assistent) 05 March 2012

Dear Experts,

I require anticipatory bail as precaution under misusing of section 498a... kindly let know the final charge and if anyone one of you intrested to deal with this ( Preferably criminal and Divorce Lawyers).

thank you.