Legal Question in Criminal Law in India

After getting call from CAW cell, my family applied for Notice Bail but judge rejected the petition as IO said he doesn't need to talk to the family and only wants to talk to husband. What should be our next step?

As in the complaint there are names of each and every family member.

Is there any other option or we have to wait till FIR is filed? But after FIR, will police arrest my family immediately? My wife's party did not appear on the first date of CAW cell, my parents requested IO to give date after 2 months as I am out of India but he gave after 15 days .

I am confused, what should be our next step?


Asked on 1/08/12, 12:24 am

3 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the IO has to seek permission for the DCP concerned before arresting any of the accused u/s 498a. your family may not be arrested immediately. however, you must keep a track on the progress of conversion of complaint in to FIR and once the FIR is lodged, immediately seek anticipatory bail.

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Answered on 1/08/12, 3:25 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Gupta.

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Answered on 1/09/12, 12:36 am
Shrichand Nahar S.V.Nahar, Advocate

Adv Gupta appears right.

Further, Delhi High Court has delivered very dynamic judgements on misuse of 498A. Find out nature of complaint and consider approaching high court.

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Answered on 5/25/12, 10:29 pm


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