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sv (none)     21 July 2014

Why anticipatory bail

When SC giving order for no automatic arrest then why every lawyer suggest for anticipatory bail after 3 meetings in CAW cell. Even if allegations are only verbal and bogus ?

In my case even CAW cell saying they will pass the case to court as in their own words " case Mei dum nahi hai". Lady is safe working and fighting in caw cell. 

She writes in complaint we forced her to leave house but in CAW cell refuse to stay with me.

What all expert suggest in such case ?



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 7 Replies

Laxmi Kant Joshi (Advocate )     21 July 2014

The order of sc is obeyed by the authorities when caw cell find guilty in you only then they informed you that they are sending your file with recommendation to register fir , only then lawyers told to his client if you don't want to make your arrest you go and obtain AB for your safe side , sc never says no arrest can be made for guilt person , if you don't want to obtain AB its totally an individual decision, your lawyer will always thinks better for you and give his best advise to you in the concern case .

Harrassed _by _498a (Executive)     21 July 2014

Sir, This is correct, but as CAW cell is meant for ladies on each and every complaint of CAW cell FIR is registered if mediation fails. if FIR is registered, it doesnt mean people in named in the FIR all are guilty and arrest is mandatory, although this offence is non-bailable and FIR is must in this case CAW cell do the same and forward the same to DCP of dist, but FIR and arrest are seprate matters, FIR can be register even on false case, but arrest is something which required some premilnary investigation as per supreme court guidelines. however may police not follow the guidelines of court  if they are getting good money for girls side to tourture the male family. it is a case to case funda. but my main question is there are any cases in which FIR is not register by CAW or recomendation sent not to register FIR it is false case. or no supporting etc etc only mere allegation of commission of offence ? my opinion said no becuase law says regitration of FIR.

Regards

498a = frauds

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 July 2014

Dear Querist

AB should be filed when FIR has registered or mediation has been failed for securing the innocent people for false implications. its completely based on the accused consent and decision and not any pressure or force by advocates.

sv (none)     21 July 2014

What happens when FIR is registered ? Investigation or direct arrest ?

sv (none)     21 July 2014

Mr Queresi I am not saying advocate force for AB but just want to know why its been advised when we all know there are numerous cases where wife have no proof just some stories of dv like they slapped me , didn't provide food etc etc.

Is it compulsory for police to arrest all accused ?

Harrassed _by _498a (Executive)     21 July 2014

SV

You will not get answer of this question from prosseional lawyer, but arrest is not at all mandatory.

why a lawyer say no because AB in delhi generates 25000 per person suppose 10 members are named in FIR 2.5 Lakhs, apart from this case fees etc etc.... and if girl had spend 5.0 lakhs in the wedding. at last what she want ki jo lagaya hai woh toh mil jaye..... so if you take AB 2.5 Lakh plus FIR registered Lawyer fees = 25000 per case other expenses etc total took 3.0 laks for example. it doest not mean u dont have to pay sweet alimony u can say 4-5 lakh where ur matter will be settle even in courts. Now my personal opininion is which is a realty of my case no lawyer will tell you this. if there is 0 proof to support 58 or 60 pages bullsh*t complaint by ur wife in CAW cell or of Police station do not take AB coz in that case if FIR is registered there is a term called Formal arrest, in which you go to police station sit and relaxed. they will ask some question give simple and clear answers. afterward they will bring you to DM in next 24 hours. then DM will automactically say no to arrest in case of 0 proof. please remember ur wife must not have any prrof in support to her statement.

498a = frauds

sv (none)     22 July 2014

Thank you friend. I am sure we never asked her any dowry ,in fact my family supported her all time when we had disputes. Now I am clueless why she dragging everyone in our personal matters.

Can proofs be made ? Except me my whole family is at good reputed position. Will police see my proof or not in such case ? As police also giving me impression that case is fake and for money only.


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