Crpc 482 following anticipatory bail

Rabindra (Querist) 18 February 2012 This query is : Resolved
It is mentioned that if any relief has been obtained, High Court can't exercise its power under 482 of CrPC. When a person has applied for Anticipatory Bail u/s 438, can he also apply for quashing the FIR u/s 482? What happens if he has got Anticipatory Bail already? Is their any judgment on this?

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Kiran Kumar (Expert) 18 February 2012
both Anticipatory Bail and Quashing are separate remedies.

if AB is granted, there is no bar in filing Quashing petition.

however, there are certain principles enshrined by Hon'ble SC do deal with Quashing petitions.

you need to have any judgment on the issue that if AB is granted then whether Quashing petition is maintainable or not?

Guest (Expert) 18 February 2012
agree with Mr. Kiran

Rabindra (Querist) 18 February 2012
Thanks a lot. Please give some references to judgment on the issue of maintainability of Quashing petition following granting of Anticipatory Bail.

Kiran Kumar (Expert) 18 February 2012
no need for any judgment here...its a basic law...

Rabindra (Querist) 19 February 2012
Thanks a lot.

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