Finality of anticipatory bail order

Ranganath (Querist) 02 October 2013 This query is : Resolved
Ld Counsels,

AB granted by HC. It is observed in AB that complaint filed by X person.
By virtue of section 438 sub-section (1A) AB order is a final order.

Section 438 Crpc was amended to insert sub-section 1A to make the order passed as final order.

Can the police state during trial that complaint was filed by Y and not X.
The statement of police is contradictory to the final finding of HC in AB order. Does that amount to perjury.

Thanks in advance.

Follow Query

Report Abuse

Kiran Kumar (Expert) 02 October 2013
Really a strange situation. The question will be Why the prosecution did not raise this fact, before High Court, when the bail application was being argued.

Another aspect is whether the High Court gave hearing to the Complainant as well during the course of hearing.

So, prima facie I don't think its a case of perjury. But why the police is raising this query at this stage.

Ranganath (Querist) 02 October 2013
Dear Sir,

Doesnt it amount to contradiction atleast if not perjury.

A final order has to be given its weight in evidence. Both the police and complainant are contradicting from what is stated in the AB order.