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raj   07 December 2016

498a quashed and fir status

Hi All,

I dont know the status of my fir while applying for quash.

I applied for the Quash of my FIR in the High court and the fir is quashed but i'm yet to recieve the order.

In case if my fir is chargesheeted before the quash petiton, do i need to go for any other process to quash the chargesheet?

Please suggest me

 

 

 



Learning

 9 Replies

Sachin (N.A)     07 December 2016

If, FIR quashed by HC, you need not to do anything, 

raj   07 December 2016

But i dont know whether it is chargesheeted before the quash or not

Sachin (N.A)     07 December 2016

It doesn't matter. Once FIR quashed case finished.

raj   07 December 2016

my passport is locked in the court so how can i get it?

Sachin (N.A)     07 December 2016

Move an application for release of passport before the concerned magistrate with the certified copy of HC judgement in which high court has quashed FIR

raj   07 December 2016

how long does it take after filling a petition to get the passport?

Alok Motan (Advocate)     08 December 2016

Brother you need to apply for certified copy of the Quashing order of FIR from High COurt.
 The said order, as per law, is usually being sent to concerned MM/Judge/Trial Court where your charge-sheet (trial) would be pending.

Although you still have to appear in person and apprise the Trial court regarding the fact of quashing. after the reciving of the said Quashing order, the pending charge-sheet( trial) automatically stands closed. but the MM/judge/Trial Court has to pass a formal order and close the said pending trial.

You can move application for release of your SURETY BOND/DOCUMENTS/ORIGINALS/Passport/FDR/RC CERTIFICATE etc. anytime after the quashing of FIR.

raj   09 December 2016

Time limit for issue of judgement copy

in high court, a CRLP disposed one week back, but no judgement received or uploaded online.
In the website the status says the case is disposed but the order copy is not updated online
1 whether any time limit for issue of judgement hard copy or how long does it take to upload online?
2 remedy to get judgement copy?
3 can i write to chief justice to direct high court judge to issue judgement copy?
please advise on further line of action

Nitish Banka (lawyer)     22 April 2018

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Image result for anticipatory bail

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

  1. Old parents this ground works if parents are old.
  2. Prior divorce petition pending.
  3. Strong roots in society
  4. Ready and willing to join investigation.
  5. Vague allegations
  6. Delay in filing FIR
  7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

9891549997

 


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