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Raman (student)     22 July 2012

406/498a- whether advisable delhi district /high court ?

I have filed the Anticipatory bail application for myself as well as for my brother before Distt Courts of Haryana which was unfortunately been dismissed as being premature
The matter was refer to CAW of Haryana and was then reported to Policce station.Yesterday Haryan Cop visted my residence asking my where abouts and for my brother and informed to brother that duo will be arrested with the help of Delhi Police
So I have prepared the fresh anticpatory bail application and will file on tommorow

I am seking suggestion that Haryana Police will going to arrest me with the help of Delhi Police
Whether approaching to the Delhi Distrct Court or Delhi High Court will solve the riddle to certain extent?

Whether I should search for substitute residence in order to avoid arrest?
Please help me in this regard?


 4 Replies

Manoj Choudhary (Advocate)     22 July 2012

If the case is being registered in Haryana police your have to approach to Sessions court/District court of that area where police station is.

further can call me. number is on profile..

Sanjeev (Lawyer)     22 July 2012

For Arresting Haryana police can arrest you from Delhi but they need to inform the local police station and would need to be accompanied by the local police and a diary entry will be made in the local police station.


You need bail from the court of the state where the case is registered Delhi courts dont have jurisdiction to grant AB when the case is registered in Haryana so seek AB from Punjab & Haryana High Court. 

Tajobsindia (Senior Partner )     23 July 2012

Your query is self confusing;

1. If your wife has filed a case before Haryana police and either or both of you live in Haryana then Haryana police seizes jurisdiction to arrest as per their Guidelines / procedures.Now if wither of you donot live within State jurisdiction then as per arreyed memo address supplied to Haryana State police the team will go to another State wherever the address is located and produce arrest memo to jurisdiction police and make an arrest.

2. In inter-State arrest cases the procedure followed is in accordance with the law as laid in S. 80 of the CrPC, where a person arrested must be produced before the executive magistrate or the state police within whose jurisdiction the arrest was made, unless the court which issued the warrant is within 30 kilometres of the place of arrest.

3. Technically Gurgaon is NCR / NCT of Delhi and team from Gurgaon jurisdiction police can make arrest of one of you who is found to be in Delhi and can bring one of you back straight to executive Magistrate Court in Gurgaon.

4. Address change now is a too hurried a thought when in your last query you said to us that Haryana Police says in 2-3 days arrest will take place !. However the riddle presented here in this query will greatly gets person changing address in getting AB from Delhi. If both change address and take Lord Hanuman's leap and get AB from one of the District Courts in Delhi today then you have achieved something is all that can be said in NCR / NCT cases of stated nature. Later you can get regular Bail. But right now immediate arrest is saved from by getting AB from Delhi showing your address to be of Delhii and this being NCR / NCT case as worth a try. 

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