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Bedomita Deb (Advocate)     24 December 2009

Advise regarding Cross case

A case was filed u/s 295/298/341/506/34IPC in this case the 2nd party first wanted to go for compromise, which later dint work out as the 2nd was not ready to sign undertaking to ensure no firther occurance or harresment to the 1st party. After few days of deliberation the 2nd party went ahead to file a CROSS CASE u/s 294/506. The 1st party and the 2nd party are both govt officials. My query is should the 1st party against whom there is cross case seek anticipatory bail? As far as the 1st case is concern nothing has been done as yet even the charge had not been framed until now. kindly advice what should be done with the First case and how to overcome the cross case which has been filed just to delay the entire process of the court and confuse as well as haress the 1st party of the 1st case?



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 6 Replies

Bedomita Deb (Advocate)     24 December 2009

Can we seek Anticipatory Bail from the session Court or should we approach the High Court in the 1st Attempt itself. Which will be better in this regard

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     25 December 2009

it is always better to approach sessions court for anti.bail as you can approach higher forum even if it is dismissed.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     25 December 2009

 FIRST TRY TO GET IN SESSIONS ONLY, WITH NEW GROUNDS AND BETTER CITATIONS. IF DOESNOT WORK BECAUSE THE JUDGE IS NOT CONSIDERING AT ALL THEN ONLY TRY FOR THE H.C

Bedomita Deb (Advocate)     28 December 2009

A case was filed u/s 295/298/341/506/34IPC in this case the 2nd party first wanted to go for compromise, which later dint work out as the 2nd was not ready to sign undertaking to ensure no firther occurance or harresment to the 1st party. After few days of deliberation the 2nd party went ahead to file a CROSS CASE u/s 294/506. The 1st party and the 2nd party are both govt officials. My query is should the 1st party against whom there is cross case seek anticipatory bail? As far as the 1st case is concern nothing has been done as yet even the charge had not been framed until now. kindly advice what should be done with the First case and how to overcome the cross case which has been filed just to delay the entire process of the court and confuse as well as haress the 1st party of the 1st case?

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     28 December 2009

 CAN U SEND ME SOME DETAILS(facts) OF the  CASE TO MY MAIL I.D ponaka2008@gmail.com, for analysis and advice .

Devajyoti Barman (Advocate)     28 December 2009

One should always try his luck in the Sessions Court first and threafter to the High Court as afr as the Aniticipatory bail is concerned.

Regarding the cross cases are concerned the position is more or less settled after passing of a decision of the  Hona'ble Supreme Court which is reported in 1990(Suppl)SCC145 whereby the trial court is directed to try the cases after taking evidence one after another and deliver the separate judgments but at the same time after conclusion of argument.


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