Regarding Anticipatory Bail/ Appropriate Orders

Querist : Anonymous (Querist) 06 May 2010 This query is : Resolved
My brother wife left the matrimonial house and his father has served the legal notice and asking to remit Rs 1 Lakh to be paid to them for causing mental cruelty with in 72 hours and threatened to face the dire consequencies by implicating false dowry case on each and every member of our family

Please inform whether we can move to ADJ court for appropriate orders to the police officer to issuing notice to the petitioner(my brother) prior to make any arrest?

Please inform whether the Application is maintainable on the basis of legal notice as no FIR is registered till now/

Please inform whether We should have to make the State as well as complainant as the parties??

EAGERLY WAITING FOR YOUR REPLY

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Raj Kumar Makkad (Expert) 06 May 2010
No cause of action arises in your favour to move anticipatory bail application merely on the basis of legal notice.

Generally women cell tries to bring both the parties to table prior to forwarding the dowry cases to concerned police stations and even after lodging of FIR, investigation is conducted so your brother or any other person shall have sufficient time to move to court at that time.

Uma parameswaran (Expert) 07 May 2010
Give reply to legal notice with a aim to comprimise and try to go for a counselling and take steps to bring her back.If there is no fault in your side no need to worry.

Krishnamurthy Ramdas Iyer (Expert) 07 May 2010
since no FIR or any pvt.compliant with court,you cannot approach for anticitipatory bail. reply legal notice

A. A. JOSE (Expert) 07 May 2010
Dear Sir,

Your question appears to be confusing. Why "his father", i.e. your brother's father/your father, has to serve a legal notice to your brother is not understood. Please clarify.

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