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Arrest

Querist : Anonymous (Querist) 09 April 2011 This query is : Resolved 
with change in rule can police still arrest husband or force him to excute bail without any proof or based on just complaint from wife side.

What is procedure of documenting proof with police to avoid arrest.
Naresh Kudal (Expert) 09 April 2011
On a FIR, police can arrest a husband for recovery etc. for what rule you are talking?
to avoid arrest you can file an application u/s 438 cr.p.c.
Querist : Anonymous (Querist) 09 April 2011
498a,

husband is willing to return wife jewellary which is locker which was last open by wife. Banks has agree to show video recording of her entry to locker if court or police ask.
Arvind Singh Chauhan (Expert) 09 April 2011
To avoid arrest you can seek stay from High court.
Querist : Anonymous (Querist) 09 April 2011
may be i am navie, but why I should not wait because I am 100% sure it is false case. Police cannot arrest without proof right ?
Devajyoti Barman (Expert) 09 April 2011
To arrest a person the police need no proof. For the sake of effective investigation the police can arrest at any point of time. Innocence or guilt is a matter which is to be determined by the court only and that too after conclusion of trial. The police has got nothing to do with it.
So in your case it is advisable that you should apply for anticipatory bail fast.
Querist : Anonymous (Querist) 09 April 2011
but as per change in law, police is required to justifie arrest. How can it justific arrest in 498a case when wife has not provided any evidence.

I would not able to abide by bail condition to distance factor therefore I am not taking Anticpatory bail.

I am think about filing a quash petion in HC.
R.Ramachandran (Expert) 10 April 2011
Dear Mr. Anonymous,
If you have decided not to abide by the bail conditions and to make an appearance because of distance factor, yes, you can take whatever action that you wants to take.
B.B.R.Goud. (Expert) 10 April 2011
yes. i do agree with our learned counsel.


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