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shivam (student)     21 December 2012

How to challenge 156 (3) crpc without getting arrested?

 

My name is Shivam kumar and my Wife has got an order by the Magistrate in Ghaziabad (U.P) court against me and my parents under the section 156 (3) which says  that the case must  be registered and investigated by the Police. 
 
Application by the wife under section 156 (3) CRPC (in short) :
 
"She emphasized only upon one incident which happened on 8th nov 2012 stating that she along with her mother went to my parents home ( as they live in a seperate house 15 km away from my ours) to give my mother some gift for KARVACHAUTH.  Then i also came to the house and started scolding her on why she came to the house in my absence due to which many people gathered at the house. She says  that we all locked her in a room and on the arrival of her father we broke one of his finger."
 
Order by the court :
 
"Register and investigate the case"
 
Sir all this is completely bullsh*t as she and her mother came with a definite plan to implicate me and parents in a false case. I have a affidavit signed by almost 15 people (all neighbours) that nothing sort of that happened
 
Query 1 ....Now sir how can we escape from the arrest as the F.I.R is bound to come (the court has ordered so) ?
Query 2...... How can we know that the F.I.R has been lodged (police have not lodged it yet) exactly the moment police does so so that we can go underground and apply for stay to arrest in high court ?
Query 3 .....  After that i anticipate 498 a is coming too. Do we have to take another bail for that?
 
Kindly help me sir
 
Thanking You


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 4 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     24 December 2012

Anticipatory Bail Application is the only way out. 

As 156(3) ordered Police to investigate, and police can arrest u,  u can apply ABA

shivam (student)     25 December 2012

But sir we don't have ABA in U.P. Does it mean that there is no way out?

Vipin Kumar Marya (Advocate)     25 December 2012

Dear Shivam,

As there is no provision for AB in UP and the regigistration of case and investigation is ordered by the Court and Investigation is pending.

 

The only alternative for you to apply ( Criminal Writ petition) before Hon'ble High Court of UP at allahabad for  for queshing of FIR and subsequent Investigation Under Art. 226 and further prayed for the "Stay of Arrest as the interim Prayer till the disposal of Criminal Writ.

Kindly Consult Good Lawyer for the same or contact me I will help you by providing name of few good advocates of High Court .

 

FYI

 

Vipin K Marya

Advocate - Delhi

9555340017


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