bail

Querist : Anonymous (Querist) 22 December 2009 This query is : Resolved
after obtaining anticipatory bail what is the period toobtain bail and the procedure ? How can a false complaint be quashed ?

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Arvind Singh Chauhan (Expert) 22 December 2009
Complaint can be quashed only by High court. Apply under Sec 482 Cr.P.C. to High Court.

Devajyoti Barman (Expert) 22 December 2009
If somebody has obtained anticipatory bail then the period for getting regular bail is within the time as mentioned int the order of anticipatory bail itself. For regular bail he will have to surrender before the Magistrate and pray for regular bail.
The quashing of a complaint is done by the High Court u/s 482 of Crpc to prevent abuse of process of any court or to secure ends of justice.

Guest (Expert) 22 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691,09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING THE ANTICIPATORY BAIL AND QUASHING THE MATTER KINDLY NOTE THAT.
1.ANTICIPATORY BAIL ORDER IS PASSED BY DISTRICT AND SESSIONS COURT OR HIGH COURT THE ORDER CONTAINS THE PERIOD OF THE SAID ORDER.GENERALY ANTICIPATORY BAIL ORDER IS VALID TILL FILING OF THE CHARGE SHEET WHICH IS A PERIOD OF 90 DAYS FROM THE DATE OF FILING COMPLAINT /F.I.R. ONCE THIS PERIOD IS OVER ACCUSED HAS TO APPLY FOR REGULAR BAIL FROM THE APPROPRIATE COURT WHERE THE CASE IS FILED OR IS COMMITED IF SESSION TRIABLE TO SESSIONS COURT.
2.FOR QUASHING FALSE COMPLAINT THE PETITIONER ACCUSED SHOULD FILE A WRIT PETITION TO THE HIGH COURT FOR QUASHING THE COMPLAINT UNDER SECTION 482 OF CRPC.ON THE GROUNDS OF ILLEGALITIES AND INNOCENCE OF ACCUSED.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE OR CALL AND SEND DETAILS.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Kiran Kumar (Expert) 22 December 2009
Mr. Barman is right....however if the challan is filed then u ll ve to seek fresh bail.

the law relating to quashing of FIR has been interpreted by Hon'ble SC in various judgments so the facts of the case have to be seen for the purpose of quashing....every case has its own merits, one can have a good case for acquital but may not have fit case for quashing.

adv. rajeev ( rajoo ) (Expert) 23 December 2009
go according to the conditions imposed in the anticipatory bail order. In the order period will be mentioned.
You can approach the high court to quash the complaint, but it is very difficult because high court always says face the trial. If you find another dinakaran you may get it cancelled.