Legal Question in Criminal Law in India

Complaint Case filed by wife against Husband & his family u/s 498 323 504 506 sec3/4 in CJM Courts Lucknow 2 years back.Husband came to know only when NBWs were issued. Husband moved High court Allahabad , a year back, u/s 482 CrPC. Matter in the High court & chances of quashing minimal. Most likely HC will refer the case back to trial court Lucknow with directions like Bail on Same Day.Till date there is no FIR/chargesheet filed by Police.

Advise Please:

1. Husband & family don't know anyone in Lucknow. Can the Husband & family apply for personal bonds as sureity (as they cant find guarantors) .Is there any particular Section/Judgement?

2.Wife very influential with Police in Lucknow, husband & family have danger to life in Lucknow. Is there any provision (Sec 205) where the accused/co-accused be exempted from personal appearnaces? When ,Where & Under what sections should they apply.

3. Can the co-accused (family members of Husband, not residing with Husband) file separately in High court for quashing of criminal proceedings against them? Can they file it now? Will it be connected with the present CrPC case filed by Husband?

4. Is there any advise for Husband which may facilitate him contesting the case at High court & not at the trail courts Lucknow?


Asked on 9/11/11, 11:13 pm

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

you may seek appropriate order from the high court regarding stay of arrest and bail bonds.

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Answered on 9/12/11, 12:50 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

kindly do not repeat the same question again and again.

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Answered on 9/12/11, 1:33 am
Shrichand Nahar S.V.Nahar, Advocate

Get facts cleared first. If there is no FIR/charge sheet, question of NBW does not arise.

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Answered on 9/12/11, 4:03 am


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