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Can I get Anticipatory Bail,if CrPC 41a is served by police
02-Dec-2023 (In Criminal Law)
My wife filed false allegations in a FIR under 498a and DPA 3/4 on me and my family members. I have filed quash petition in high court and got the orders stating, "The court has directed the police to follow the procedure laid down by the Apex court in Rajesh Sharma v. state of UP (referred supra). Accordingly, the police concerned are directed to adhere to the guidelines issued in Rajesh's case (referred supra)". The police along with my wife had come to my office and served a notice under CrPC 41a to my manager through email and he acknowledged back through email and stated that he(accused) was on vacation and forwarded the notice to his email. I have filed an Anticipatory Bail in sessions court and hearing is still pending. my questions as below: 1) Can the quash order protect me from arrest? 2) Police haven't got any written signed copy of their notice neither from me nor from anyone else.Can they still claim that they have served me the notice? 3)What are the chances of getting AB
Sir,
41(a) notice suffice the problem you face. the notice is to appear before police if necessary. the police cannot arrest if this notice is issued. the question of Antispetary bail is meaningless if 41(a) Cr.Pc is provided. so you can avail the same.
Prudhvi.Raj
Advocate
High Court
41(a) notice suffice the problem you face. the notice is to appear before police if necessary. the police cannot arrest if this notice is issued. the question of Antispetary bail is meaningless if 41(a) Cr.Pc is provided. so you can avail the same.
Prudhvi.Raj
Advocate
High Court
Helpful?
41+
41+
1. Yes quash can help you, 2. as you stated that they send you on mail that will considered. 3. it is there to get anticipatory bail, but as per hon'ble Supreme Court latest judgement in 498-A and 3&4 DP Act to not to arrest.
Helpful?
46+
46+
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