Dear Ganesh,
1. Prior permission of DSP is not required. You had better move an anticipatory bail for all of you.
2.search on indiankannon.org
It is better, you along with your parent apply for anticipatory bail before the concerend Sessions Court or High Court of AP . In general courts grant anticipatory bail to parents/relatives of the husband. Unless the husband shows, reasoanble grounds ANTICIPATORY, bail may not granted to him by the Court. Consult a expert criminal advocate and file anticipatory bail petition. At the intial stage court's cannot go into the merits to decide whether the complaint is false/vexatious.
Kranthi Kiran,Judl. Dept, B.SC, LL.B, PGD-MISCA, Ph:9490127914
pls check ur pm dear. Dont worry we all r in the same boat!!
As per my knowledge, in Andhra Pradesh, unless there is approval from DCP arrests cannot be made. But the cops ignore this as most people are unaware of this rule and are unfortunately exploited. Also, better you find a good advocate who can strongly present your case and obtain anticip bail immediately. Unless there is some documented or tangible evidence that goes against you, bail should be granted.
Thanks for the replies folks. Apparently, our Anticipatory Bail petition got rejected on the grounds that the case is still under Investigation and they could not find any tangible evidence to prove that it's a false 498A case. Still, no arrest happened for any of us.
So, What should be my next step? Can I apply for Quashing 498A in the High Court of A.P without any Anticipatory Bail.
Ganesh
you apply for AB in High court, now since their is Vacation time, the high court functions 2 days a week, else you have to file after june 5th .
regarding the Quashing of the FIR, you can think after u get the AB , also go through the FIR complaint copy, make a list of all the allegiations she has made against u and u r family members, absed on the sevierity of the allegiations you can take a call for going for Quash.
you can contact me on 9663743468 for any more clarifications, as even i am fighting my 498a in AP
Hi Folks,
As per the advise given in this forum & from our laywers, we applied for AB in the high court of AP two weeks back and we got the AB only for my parents and not for me as I am the husband. Can someone tell me what should I do next from my side? Shall I apply for AB for myself or shall I surrender to the police now?
Ganesh
Ganesh,
Avoid being arrested as far as possible. Try to make yourself untraceable for sometime until greater clarity comes out. Do hire a very good criminal lawyer. Also, on what basis did the HC reject your bail plea? Was there glaring evidence against you? You should have got bail in HC unless there is tangible evidence to give rise to the court to doubt your appeal.
Take care, be alert, do not lose heart and all the very best!
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