gautam jain (hr) 18 July 2012

Can i apply for bail without fir number

I am getting threating from my Law for registering a false case DV/domestic violence etc for the last 1 month but they are not registering.......i been told not to stay at home. I been away for long time is there anyway i can be safe and if they come they cant arrest me. He has contact in kol he will definatley come when we will be at home.....he may asked someone to keep a watch.....i hope u have understand. they are trying to do business to get a big sum of money that i cant pay.

I and my family are in great tension please provide me if there is something that get some relif

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7 Replies

Rajeev Kumar (Lawyer/Advocate) 18 July 2012

Dear querist, The FIR is not registered against you, there is no harm in staying at home. Don't make it a havoc. Let us stay at home when they will come conversate them if they demaned any huge amount then keep it taped. When FIR will be registered then get the Anticipatory bail and that time will be fit to leave the home for avoiding arrest

rajiv_lodha (zz) 18 July 2012

As far as Domestic Violence Case is concerned, there is no fear of arrest. So be prepared to fight the case.

If u expect 498a complaint, even then CAW cell will give u a call at attend their proceedings. U will get time to apply for AB. So stop fearing & come to stay at ur home. Do not drain ur energy & resources, Just keep them for the rainy days ahead

Sanjay Bhojwani (Independent) 19 July 2012

Hello, Proceedings under Protection of Women from Domestic Violence Act are not Criminal Proceedings save and except Section 31 that deals with BReach of Protection Orders which is a Penal Provision.

However if you expect Criminal Cases being filed against you, for e.g. u/s 498A of the IPC or any other section you may apply for Anticipatory Bail. FIR no. or for that matter actual registration of the offence may not be necessary to file for anticipatory bail.

Regards,

Sanjay Bhojwani (Independent) 19 July 2012

Report the threatening calls to the nearest Police Station and request them to register your complaint. The Police can register a Non Cognizable offence for threatning. Obtain the NC number from them.

Regards

(Guest)

ita very sad that in our india, Marriage brasking/destroy due to misunderstanding of Husband-wife. Only some fight and they go to court,

Everone has to try to solve problem in house,

If all possibilities ends than talk to mediation.

Court should be ultimate step.

rajiv_lodha (zz) 19 July 2012

Sensible persons shud be on both sides if marriage has to be saved, otherwise family fights are HIJACKED by lawyers, relatives to the point of no return!

revolutionary (NA) 19 July 2012

Kindly advise.

I heard in this forum being mentioned that DV case being registered in more cumbersome and painful than fighting 498a. Any comments.

Also if we can prove 498a has been false or vice versa, so based on that could it also not be implied that the girls side has been filing false cases. if one is proven false then automatically the other cases should take in to account the information and decision be made accordingly.

regards