Summary: The filing of a First Information Report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an F.I.R. is not yet filed
originally posted by Avnish Kaur
N.K.Assumi (Advocate) 26 December 2010
The matter has been set at rest by the classic observation of Supreme Court in Gurbaksh Singh Vs State of Punjab AIR 1980 SC 1632.
Bhawani Mahapatra (Law Officer) 30 December 2010
Agree with Mr. Vyas.
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