Misuse of 498-a
ARAVIND
(Querist) 14 May 2014
This query is : Resolved
sir , without having FIR number is it possible to get anticipatory bail ? is it correct ? please suggest me sir
Advocate M.Bhadra
(Expert) 14 May 2014
No court will grant anticipatory bail without FIR.Court will not entertain this type of application, because how you will show that there is an apprehension of arrest, without lodging of an FIR.
Raj Kumar Makkad
(Expert) 14 May 2014
It is not difficult to get the copy of FIR. All lawyers very well know the source to obtain the copy prior to filing of AB. So leave this issue to your lawyer.
ARAVIND
(Querist) 14 May 2014
thank you sir
Rajendra K Goyal
(Expert) 14 May 2014
Consult a local lawyer, he can arrange copy of FIR and would proceed for AB.
Sankaranarayanan
(Expert) 14 May 2014
i do agree with sri bhadra and sri makkad ji
R.V.RAO
(Expert) 16 May 2014
yes.a local lawyer can help.
K.K.Ganguly
(Expert) 16 May 2014
FIR No. & name of police station where the said FIR has been lodged is a must for applying for AB.
T. Kalaiselvan, Advocate
(Expert) 16 May 2014
If you state that you have applied for AB even before the police have registered FIR against you, certainly AB cannot be granted, alternately your lawyer can pray for not to arrest in the event of a FIR being registered after wards.
ARAVIND
(Querist) 17 May 2014
police may have right to cancel FIR ?
when investigation was in the favor of accused persons . which means when accused persons are having necessary evidence . will police may consider the facts ?
and police may have right to cancel / report to the court that petitioner misuse of 498-A ?
ARAVIND
(Querist) 18 May 2014
sir i did not get u
T. Kalaiselvan, Advocate
(Expert) 18 May 2014
The police need not register FIR on all and sundry complaints before it. If in an inquiry, the police observes that there has been no case made out, with the opinion of higher police officer or APP, it may recommend to close the FIR or need not eve register it.
Devajyoti Barman
(Expert) 18 May 2014
Notice bail if not AB is permissible in many states like Delhi, Maharashtra etc.
Police does have power to give Final Report/Closure Report if there is lack of prima facie evidence . However that is rarely done in 498A cases.
ARAVIND
(Querist) 18 May 2014
sir before i tell you that my wife father is a police constable and with the help of police influence he filed a private complaint in court u/s. 294-b , 323,447,457,498-a,506, 3 & 4 of dowry . on me and my family members .now we came to know that FIR was filed on yesterday . and with the help of police higher officials without intimation / examination /enquiry . the department gave report against me and my family and send the report to the court .
without our permission /enquiry FIR was filed . and now i can get AB in court ? to me and my family members ? how many days will i get AB after bail petition ?
and how can i stop his illegal things ?
K.K.Ganguly
(Expert) 19 May 2014
1. Your permission is not required for filing FIR against you,
2. Apply for AB immediately mentioning the FIR No. & the name of the Police Station in the application,
3. If the P.S. does not send the CD (case diary), AB will normally not be granted. So, the P.S. will surely not send the CD on the 1st day of hearing,
4. Ask your lawyer to pray for an order for 'not to arrest' till CD is sent to the Court or personal appearance of the I.O. on the next date of hearing,
5. Move the AB application when the CD comes to the Court,
6. If the AB application is rejected by the Magistrate, file the AB application before the High Court.
ARAVIND
(Querist) 20 May 2014
thank you sir
Guest
(Expert) 20 May 2014
A long discussion took place on an academic query of the author, while he preferred to give the real background of the case only after four days of his original query. Had he made clear description of the case, he would have got appropriate advice long ago, as he could from Shri K.K. Ganguly now after his providing background of the case.
I endorse the views of Shri Ganguly.
ARAVIND
(Querist) 20 May 2014
thank you sir
Guest
(Expert) 20 May 2014
You are welcome any time but with complete facts.
ARAVIND
(Querist) 22 May 2014
my parents are arrested on 20/05/2014 this tuesday . before i tell you my wife father is a police constable so he influence with the help of DCP . and CI send a 3 constables to my home along with them he also came with rude behaviour and said to my parents that just normal enquiry not an arrest because i am in outstation . believing them my parents went along with them its more than 200 kms from my home . which means it is another district . after that CI said that you both are arrested . my parents are shocked . and CI arrested my parents in ps in night also . next day submitted before court .
yesterday my parents are presented before judge and judge granted BAIL to my parents . before submitting formalities her father played a trick and miss FIR copy in court files . then time is over my parents said to subjail . and today also my wife father playing a tricks and trying to stop the bail . we are helpless my parents are in jail without any cause . BAIL granted but not issuing releaveing letter .
how can i save my parents ? with his illegal and cheap / intellectual tricks ? already 24 hours completed in remand . hope so tomorrow will judge sign on releaving letter .
ARAVIND
(Querist) 22 May 2014
my bad luck judge changed today . yesterday judge granted bails to my parents but lack of time send them to subjail . today new judge(temporary ) came . will new judge has a right to stop BAIL ? on which already yesterday judge granted BAIL .?
ARAVIND
(Querist) 29 May 2014
oh my god . me and my parents got bail . we are released.
Guest
(Expert) 29 May 2014
Congratulation on your achievement!
ARAVIND
(Querist) 29 May 2014
Thank you sir .
R.V.RAO
(Expert) 30 May 2014
congrats.remember "Faith moves mountains".
Guest
(Expert) 30 May 2014
You are welcome.
Sudhir Kumar, Advocate
(Expert) 18 May 2014
