Police Recorded FIR SEction 325 & 326 IPC

Querist : Anonymous (Querist) 31 July 2010 This query is : Resolved
Many thanks to Mr.Devjyoti, Mr. Raj and Mr. Kiran for your prompt reply.

My question is (1) What would be the impact on the accused persons;

(a) Whether the Accused persons will be arrested
(b)Can they approach u/s 438 Cr. PC for Anticipatory bail, before which Court?. or for quashing under Section 482 of Cr. PC.

Kindly forward your reply.

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Raj Kumar Makkad (Expert) 31 July 2010
a. Accused are generally arrested in such cases ans are produced before trial judge which decides the bail application moved by such accused persons.

b. Yes. Such accused persons can also move for anticipatory bail before Sessions Judge, if such grounds exist in their eyes. If no prima-facie case is made out then such accused persons can also approach Hon'ble High court under section 482 Cr. P. c. for quashing FIR.

Devajyoti Barman (Expert) 31 July 2010
Since section 326 is non bailable the police can arrest the accused anytime.
Hence it is advisable to go for anticipatory bail before the sessions r the high court. The court uses the power of quashing very sparingly and hence without seeing the FIR I could not say you should go for it or not.