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Cr Case Filed In Court Bail Queires
16-Apr-2025 (In Criminal Law)
My relative file a criminal case in police station on 2020 u/s 323 , 354 , 504 , 506 , 341 . It was a property dispute her wife was not there at the incident still they managed to convince the police and 354 ipc was added later we got bail and chargesheet was filed in which 354 was removed then I filed a Criminal complaint in court based on the chargesheet as I am working in a MNC software job , magistrate has accepted the case . What would be the process here will they have to take bail for the complaint i have filed
Since the Magistrate has taken cognizance of the complaint you filed based on the chargesheet, the accused will now be summoned under Section 204 CrPC. If cognizance has been taken for any non-bailable offence (e.g., 506 Part II or others still in the chargesheet), then they will be required to apply for bail again in court. Even if 354 IPC was removed from the police chargesheet, if your private complaint includes any non-bailable sections and the Magistrate has taken cognizance of the same, then bail will be required. The process will now involve summons, appearance of the accused, consideration of bail (if applicable), and then framing of charges under Section 240/246 CrPC depending on the stage. You may also consider filing an application under Section 202 CrPC if you want the Magistrate to conduct further inquiry or police investigation before proceeding.
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Adv. Adarsh Kumar
Delhi | 100+ Answers
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you can file a case against them and for further query kindly contact us for kore details
and a copy of the complaint is needed to give you a better overview
feel free to contact us
regards mehak bhatia and associates
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Adv. Mehak Bhatia
Delhi | 25+ Answers
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The answer to your query will depend on the route chosen by you, i.e., Complaint case or FIR. Also the provisions under which this have been registered would also make a difference. We can discuss this further if you want to pursue this
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Adv. Tejasv Anand
Delhi | 100+ Answers
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Not necessarily. I assume that based on the removal of section 354 you would have either filed perjury or malicious prosecution case. In both the cases since police won't be interested in arresting them the question of bail is not in scene. However since information given here is limited you can call for a detailed discussion and consultation, if required.
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Adv. Vikas Sharma
Delhi | 100+ Answers
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you have to show your chargesheet and complaint you lodged and it is a good sign if 354 charge is altered but to pursue your case you will have to consult about your chargesheet. you have to tell all the real facts about your actual story of the case
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Adv. Aditya Bhardwaj
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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