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Kulveer ( )     15 March 2010

AB provision not in UP.

Hi,

I originally belongs to Uttar Pradesh & working in Gurgaon Haryana. I have a younger brother & mother in my family, both living in UP. I got married in April 2009 last year & going to face false 498A, DV etc. very soon. My wife is living with me in Gurgaon since marriage except few months(around 2) she lived in my parental house in UP. She is also from UP, from same city as mine.

In UP the provision of Anticipatory Bail is not present. My concern is that if I take AB from Delhi or Gurgaon for me & my family then will it work in UP? ( Varun Gandhi got AB from Delhi High court during election time last year and it worked in UP). If it won't work then what else can I do to save my family members from getting arrested in case of 498A.


Please do advice.



Learning

 9 Replies

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 March 2010

provision of ab must be there as the provision is under the central act. someone gave you false information. 

Kulveer ( )     17 March 2010

Hi Mr. Arup,

 

Thanks for replying. You are right, AB is under the central act, but states do have the right to amend some laws, and during Emergency time in India in 70s, AB provision was removed by then state govt and since then this provision is not present in UP.

 

Can you please let me know if I take AB from any other state then will it work in UP.

 

Thanks!!

Kulveer ( )     17 March 2010

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     17 March 2010

read the news. it is impossible to ignore a central act by a state. perticularly where the law is very clear. no scope of confusion there. it cannot be removed. yes, state can make it's own provision but that will be in line with the central act, and not opposing it. if it is so, then it is vires,it violets the fundamental right of a person, under art 21 of the constitution of india.

Kulveer ( )     17 March 2010


(Guest)

Yes, kulveer. You will not be able to get AB in UP. Get ready for the protection or for the regular bail.

AB is taken ONLY from the place where the case is filed.

Kulveer ( )     18 March 2010

Hi,

 

As I mentioned above that during election time last year FIR was lodged against Varun Gandhi (BJP MP candidate) in Pilibhit district of UP, but still he got AB from Delhi High Court and was not arrested. See link - https://www.rediff.com/election/2009/mar/20loksabhapoll-delhi-hc-stays-varuns-arrest.htm

 

My query is that , can we use this reference to get AB from Delhi and simultaneously file quash petition u/s 482 in Allahabad HC in the same way as he did, to avoid  arrest.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     23 March 2010

please try from delhi high court.

may please file another petition at allhabad high court seeking ab as a fundamental right.

it is another issue that ab will be granted or not, but the provision of ab must be there.

Kulveer ( )     23 March 2010

I am living in Gurgaon since marriage along with my wife, so if I take AB from Gurgaon district court or Chandigarh High Court (FIR filed in UP) & bring my family members in Gurgaon then still UP police be able to arrest us or not?


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