Civil Procedure Code (CPC)

Filing an anticipatory bail petition before High Court


could you please let me know the exact procedure for filing an anticipatory bail matter from the point of procuring the concerned FIR to enlisting of the matter before the High Court where the petition will be moved?


Also could you please explain in what circumstances can a narazgi petition be made and what is the exact procedure and format of that petition???

will be immensely grateful if anyone explains these two procedures to me, I am a practicing advocate.

Total likes : 2 times

 
Reply   
 

Hello mam, greetings of the day.
The steps to be followed while filing an anticipatory bail are mentioned below. 
When an FIR has been registered the investigating officer will send you a notice of arrest 7 days before arresting you.
Now you can file for an anticipatory bail and pre-arrest notice.
Draft an anticipatory bail application sign it.
The application must also include an affidavit supporting it.
A copy of the FIR along with other relevant documents must be attached.
File the application in the High Court. 
The protection under anticipatory bail is available to you, till the end of the trial.
A narazgi petition can be filed when an aggrieved person is not satisfied with the police report which was filed before the concerned court, then that person may file the petition against the negative police report. 
After the investigation is complete, the police forwards to the Magistrate a police report under Section 173(2)(i), setting out whether, in its opinion, an offence has been committed. The police may either file a charge sheet concluding that an offence appears to have been committed or a closure report, stating that, in the opinion of the police, no offence appears to have been committed. In either case, if the Magistrate takes cognizance of the offence, no Protest Petition lies. If the Magistrate decides that there is no sufficient ground for proceeding further and drops the proceeding, the informant’s interest, in prompt and effective action on the FIR, would be prejudiced. If the Magistrate is inclined to accept the closure report or reject the charge sheet, then the informant must be given an opportunity to be heard, challenge the investigation process and make a submission against the closure report, so as to persuade the Magistrate to take cognizance of the offence. Such a challenge can be made through a Protest Petition.
Hope your query is solved.
Regards
Nirali Nayak
Law Student


Total likes : 1 times

 
Reply   
 


LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x