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Sm........ (SR. EXECUTIVE)     23 September 2009

Stay on arrest in U.P. (498A case)

If Wife files 498A in U.P. and the husband lives in Delhi. 

This in case can  Husband get stay on arrest from Allahabad HC -  without getting arrested (after the FIR/Complaint is registered in U.P.)

Regards

Sameer

 



Learning

 21 Replies

aruntrivedi (lawyer)     23 September 2009

No you cannot file petition for stay order - you can file quashing application before Hon'ble High Court or better to go to court and surrender and get the warrant cancelled under Cr.P.C. provisions and file application for grant of bail. meanwhile proceed with quashing application with HC.

Mrs. Hetal Sunil Shah (Advocate)     23 September 2009

It is right - you can apply for anticipatory bail also. 498A is non-compoundable Non-bailable, which I think you must be knowing.

1 Like

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     23 September 2009

EVERY BODY KNOWS ABOUT 498A,BETTER FOLLOW ARUMJTRIVEDI SUGGETION

1 Like

Sarvesh Kumar Sharma Advocate (Advocacy)     23 September 2009

no anticipatory bail provision is in u.p.

better go 482 cr.p.c.before h.c.

Sm........ (SR. EXECUTIVE)     24 September 2009

From the above answers it appears arrest can not be avoied if the case is registered in U.P.

My brother in law threatening me that he will not allow bail to happen.   I have discussed my family dispute with my seniors and our HOD.   And they told me that in case I get arrested him will surely loose my job.  

I have some proof (recordings etc) which makes it clear that I have not demanded any dowry.

IS THERE ANY WAY OUT TO AVOID ARREST !   because once I get arrested I will surely loose my job.     With no income/job I will not be in a position to fight this case.

Please help.

Regards

Sameer

 

 

Jatin Sapra 9312223345,Delhi (Advocate)     24 September 2009

First i wana tell u  as there is no provision of 438 CrPC i.e. of anticipatory bail in UP thus there is other trend which is more known as same day.

In this 482 petition u seek protection from arrest and in capacity of infherent powers over cours the High court passed an order by which your bail application will be postively decided by the magistrate or sessions judge on the same very day u file the same.

Sm........ (SR. EXECUTIVE)     24 September 2009

Please clarify,   whether the petition u/s 482 can be filed after the FIR/COMPLAINT is registered. ?

if yes, whether the copy of FIR/Complaint etc. needs to be attached with that petition and how to get the FIR Copy.

Regards

Sameer

Sm........ (SR. EXECUTIVE)     24 September 2009

Originally posted by :Sameer....
" Please clarify,   whether the petition for stay on arrest can be filed after the FIR/COMPLAINT is registered. ?
if yes, whether the copy of FIR/Complaint etc. needs to be attached with that petition and how to get the FIR Copy.
Regards
Sameer
"


 

aruntrivedi (lawyer)     24 September 2009

No petiton for stay order can be filed only you have to file quashing petitipm at HC. You surrender to JMFC and you can get arrest warrant cancelled and pray for bail. It is nonbailable but court will release ou on personal bond to remain present court and to assist attending inquiru. This is onl remed take fast steps engage local lawer for 498 process at Criminal Court and engage another senior lawer having good repo to file quashing petition with High Court.

Swami Sadashiva Brahmendra Sar (Nil)     25 September 2009

Husband can approach to High Court for arrest of stay - by way of writ petition under Art 226 (in case of FIR and before submission of charge sheet by police ) or

for same day bail by way of application under s. 482 (in case of complaint or in case where charge sheet has been submitted by police on FIR) .

If the court is convinced, in the first category i.e. under writ petition, it will direct that investigation shall go on but accused shall not be arrested till submission of the charge sheet.

In second category i.e. under 482 the Court will grant 2 or 3 weeks time to the accused to surrender before the concerned Magistrate and the Magistrate shall consider his bail application expeditiously and if possible on same day. 

However, in matrimonial matters, current trend of Allahabad High Court is to refer the matter to the mediation center of High Court and stay the arrest. In this situation the court will direct the applicant/accused  to deposit the expenses of opposite parties and some extra money in the court. Normally this amount ranges between 15,000 to 20,000 rupees. It may be higher or lower according to Status of parties inferred from the application and documents. It is provided in the order that arrest stay order shall stand vacated automatically if the applicant fails to deposit the money.

 

1 Like

SANJEEV KUMAR (STUDENT)     25 September 2009

Dear Sameer

Although you have been good advised by ld advocates but in my view you should adopt following strategy

1. Get anticipatory bail in Delhi to avoid sudden arrest

2. file application u/s 482 in Allhabad HC with quashig request and request for bail on same day of surrender.

3.Ready with 2 sureties for each accused in FIR. Since in UP normally only personal bond is not accepted. and bail is granted with 2 sureties.

4. surrender in court and ready with bail application. If bail is granted then fine.

5. If bad luck goes with you be ready with application u/s 397/399  to session court for bail.

6. Be ready with suffcient amout .................................

Swami Sadashiva Brahmendra Sar (Nil)     25 September 2009

Reply to  your  other part of query i.e. whether the copy of FIR/Complaint etc. needs to be attached with that petition and how to get the FIR Copy , is that  

Certified copy of FIR/ complaint  must be annexed alongwith writ petition or 482 application in High Court.

You may get the certiffied copy from Police Station or the court of concerned Magistrate.

1 Like

SANJEEV KUMAR (STUDENT)     26 September 2009

Res. Tripathi Ji/Arun Trivedi

from the contents of Sameer it appears that the wife has made complaint to the Police station or FIR has been registered. In Delhi first complaint is made then after investigatin FIR is registered. I am of view that if only complaint has been made and no FIR has been registered then Sameer can not enforce Sec. 482 since the case shall be in investigation state. Allhabad HC has many times has not entertained application u/s 482 which is under investigation stage. If the FIR has been registered then Sameer can enforce Sec. 482.

First Sameer should verify whether only complaint has been made or FIR has been registered. After it only remedial actions can be taken.

 

1 Like

Swami Sadashiva Brahmendra Sar (Nil)     26 September 2009

Dear Sanjeev Kr,

 why to guess about facts when litigent is there! However, he has says that  " If Wife files 498A in U.P. and the husband lives in Delhi. "


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