Interim bail u/s 498 a

Pl tell me whether ur chargesheet has been filed ?? If yes, then apply for regular bail and if not then apply for anticipatory bail..

the case u/s 498 A has been filed in the court and no FIR was filed in the police station. The Order Sheet issued by the judge asks to summon the accused named in the case and since we didn't appear in the court , the non bailable warrents have been issued . . . 

ok that means it has been filed u/s 156 in court....

Then u must apply for AB now and join nearest SIF Chapter 

Dear querist,

1.The cognizance of offence taken by magisterate U/s 190(i) a crpc.1973

2. He had summoned earlier and you have not turned out which had led to be issued the non bailable warrant U/s204 crpc.1973

3. now,the cognizance has been issued then here taking AB is futile.

4. Your lawyer has suggested the right move to take atleast interim bail.

5. However if you want then you can keep absconding till your lawyer not get AB u/s 438 crPc...just like what narayan sai doing..

6. But my opinion if the allegations in the complaint is of not severe in nature then a good criminal lawyer can fetch you a bail U/s 437 CrPc.on the same date.

7. Have you taken the complaint copy of the case?? what are the allegations under which sections apart from 498a??

8. In my opinion you need a good criminal lawyer who has a good hold in session courts PP.

9. You can even approach for HC to quash all those criminal cases U/s 482 crPc if you have strong evidences and proof against them.

@ 498A wedding gift,

under Sec 156 crpc is not made for private complaint case(case filed in court) ,it is made for the direction given by magisterate to be followed by Police officers whether for investigation or for lodging a FIR.

regards.

@ Sufferer >>> As per ur advice above, u have said going 4 AB is futile and then in next line u have said to apply for bail u/s 438...... As far as i know both are same AB and sec 438. Pls let me know if i misunderstood anything here.

Yes for 156, what u stated is right. I am not sure whether Magistrate has ordered for registering an FIR yet or not (only querist can clear this) or just they have taken cognisance and have asked them to appear and NBW have been issued because of their non presence. He or his lawyer has to check the court file to know this better.

One thing more, i would like to know whether a person can go for quash in HC if the FIR is not registered yet (if this is the case as above). I wanted to know when FIR is not there, then he could approach the HC for complaint quash ??? Or he can ask for remedy like some orders to Lower court for stay on proceedings till the police investigate the matter or directly HC may quash a complaint case ??

 

Dear Querist

no need to worry, apply for interim bail before trial court as your advocate said, this is only matrimonial case and in the complaint case the court can grant interim bail or regular bail.

the main point will be raised regarding the allegation by opposite party, state detail facts for best advise.

@ Sufferer >>> As per ur advice above, u have said going 4 AB is futile and then in next line u have said to apply for bail u/s 438...... As far as i know both are same AB and sec 438. Pls let me know if i misunderstood anything here.

Opinion:  Yes you misunderstood my champ..
Futile meaning here is( will go in waste)......and in the other point there is only an option of filling AB U/s 438 crPC which any petitioner would file in session court then HC..then SC  if he/she is carrying a fear and apprehension of arrest.and for this a current joke of narain sai I have mentioned. So,here every pettitioner has right to file AB if cognizance has been taken and warrant has been issued.

Yes for 156, what u stated is right. I am not sure whether Magistrate has ordered for registering an FIR yet or not (only querist can clear this) or just they have taken cognisance and have asked them to appear and NBW have been issued because of their non presence. He or his lawyer has to check the court file to know this better.

Opinion: What clarification you need dear.....can't you see that cognizance has been taken through magistrate and issued warrant.

So,there is no sense to write here that "Magistrate has orederd for Writing FIR or not when the querist it self telling that the complaint which was made is private.

Make a note: A private complaint is always made U/s 190 Crpc R/w 200 crPc.

and U/s 156 (3) crpc it a complaint registered infront of magistrate to give order to police officials to write FIR.

So,here when querist itself telling that her wife made a private complaint and not FIR then there is no question of guessing that her complaint is been by FIR or not.,whether magistrate ordered for FIR or not.

One thing more, i would like to know whether a person can go for quash in HC if the FIR is not registered yet (if this is the case as above). I wanted to know when FIR is not there, then he could approach the HC for complaint quash ??? Or he can ask for remedy like some orders to Lower court for stay on proceedings till the police investigate the matter or directly HC may quash a complaint case ??

Opinion: See when a Pvt.complaint/FIR been filed/lodged then the respondent can go for stay either in session court or in HC,he can go for revision u/a 226,227 R/w 482 crPc in HC.

However the quash of FIR/complaint depends on the gravity of allegations and stringent proof against all allegations. Quash is either done by mutual settlement by both party or respondent having concrete proof against the petitioner to quash the same.

So,he had various options like stay,revision,quash or go with normal procedure of lower court.

HC have certain powers and executions U/s 482 crpc and U/s 483 crpc.

U/A 226 HC has exclusive powers to decide orders on writ.

Thanks.....i got the answer to my queries as 1 of my friends wife has filed complaint in court and as of now court has not even issued summons to anyone.....So i wud be able to guide him better now and will let him know to be part of LCI to learn more.