Legal Question in Criminal Law in India

Hi

I haved filed FIR against my husband.under 498. A look out notice has issued in airport to intimate his arrival. He has got AB before he arrives in India. But the particular Insp of the station didn't even inform me that he is going to file for Anticipatory bail. So i Couldn't able to file a intervening. Is there any law that states that the complainant who filed FIR should be intimated when the accused file for AB

help me plz


Asked on 9/19/09, 3:09 am

4 Answers from Attorneys

No there is no law.

adv.kamal.grover#gmail.com

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Answered on 9/19/09, 7:21 am
Shrichand Nahar S.V.Nahar, Advocate

No such law.

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Answered on 9/20/09, 1:26 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

it is the duty of the IO to inform the complainant in case there is an application of anticipatory bail. it is the IO who is supposed to conduct the investigation and anticipatory bail may hamper the investigation and it may go against the interest of complainant. you may ask for changing your IO and if the circumstances permit, move for cancellation.

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Answered on 9/20/09, 2:10 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree. Though there is no statutory provision for giving you notice, but as per practice in such matter the complainant is notified of the AB petition and may show cause, if any, for refusal of AB.

You may move for cancellation if there are sufficient grounds.

In any case Bail may not prejudice your interest; you may continue pursuing your remedy in accordance with law.

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Answered on 9/21/09, 5:54 pm


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