Rahul Kumar (Business Analyst) 11 January 2013

What is the procedure in a complaint case?

Hi,

My mother has filed a criminal complaint case in local court against my wife and in-laws u/s 406, 420, 120-B and 506 IPC as my wife had taken jewellery worth lacs from my mom as she had given to her to deposit in joint bank locker which she didn't returned it after sending her a legal notice in this regard. Still her statements and other witnesses statements are left to be recorded by court u/s 200 and 202 Cr.P.C.

Now my question is that after the statements will the court issue summons and will the other party have to seek bail from court. What is the procedure of getting a bail in a complaint case and whether we will get a chance to oppose their bail, if yes on what grounds can their bail be opposed in court so that they don't get bail easily from lower court?

Actually what is the procedure in a criminal complaint case or how the case will move forward?

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2 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 11 January 2013

Has fir been lodged by police , have police initiated any action in regards ti FIR , have they arrested your wife.

So some more light on this.

case filed is non bailable if she wants to get bail she has to file antiicpatory bail before getting arrested.. If she succeeds in getting anticipatory bail than police after investigation will file chargesheet and than trail commemnces.

Adv. NIKHIL SETH

Mumbai.

Rahul Kumar (Business Analyst) 11 January 2013

Hi NIKHIL,

My mother has filed a private complaint case directly in CJM court under these sections. She has not loged any F.I.R with the police. Since this matter is in U.P. so there is no provision of anticipatory bail. My wife will have to seek same day bail or interim bail.