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482 Cr PC or 226 art ???

Ld advocates........


pls answer this ....A ralative of mine has been framed and an FIR has been filed aagainst him.

1. Now should he ask for stay of arrest under 482 cr PC ..or.... 226 art ? as there is no Anticipatory Bail in UP.

2. And this should be at the high court ?

3. Is there a provision for stay in the lower court say sessions court ?

thanks in advacne

 8 Replies

Legal Fighter (Advocate)     08 July 2010

Writ (226 of Article of India) will be filed for stay of arrest.

Uma parameswaran (lawyer)     08 July 2010

Stay of Arrest petition can be file in session Court also.

Vinod kashyap (Advocate & Legal advisor)     09 July 2010

There is no provision to stay on arrest if anticipatory bail not abailable. writ u/a 226 only can filed in case wrongly arrested any person as mandamous writ.

Vinod kashyap (Advocate & Legal advisor)     09 July 2010

As conern sec. 482 crpc high court have inhearant powers but in case FIR already loadge high court will not interfare till investigation shall not completed. 

Anmol Sharma (advocate)     09 July 2010

learned commentators,

please tell my how can a sessions judge stay an arest as mentioned by Uma parameswaran..


In UP it is before Allahabad HC using Writ of Mandamus under Art. 226 COI nothing else works there in such situation.


rajiv rajan (rr)     23 November 2011

Yes their is no provision of AB  in UP.  For 226 it is for stay of arrest apply at HC and 482 is the inherent power of HC. go for quash the FIR under CrPC 482 .

Mr. V.P.Srivastava/Dharm Pal Singh are  good Sr lawyer in HC .

U Can get Contact number from web of HC or type bar council Lawyer member list of Allahabad HC

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 November 2011

Now most lawyers are filing u/s 482.





Shonee Kapoor

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