Legal Question in Criminal Law in India
Dear sir. i heard that in UP - Lucknow high court there no AB exists.
is it true my wife has filed 498-A,323,406,506 in Lucknow high court.
Asked on 8/26/10, 12:24 am
3 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
an f.i.r. cannot be filed in the high court and it is done at the police level or the magistrate level. however, there AB in UP but you can file a petition seeking stay of arrest before the high court.
Answered on 8/26/10, 12:32 am
Shrichand Nahar
S.V.Nahar, Advocate
Unfortunately, in the State of UP, Anticipatory Bail provisions are inapplicable by reasons of a state amendment deleting section 438 Cr.P.C. for UP.
However, in UP, generally a person apprehending arrest approaches the high court by invoking Writ Jurisdiction and obtain order of not to arrest.
Answered on 8/26/10, 12:47 am
Vishwa Arya
Arya & Co.
There cannot be a better opinion than what is stated above
Answered on 8/26/10, 8:37 am
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