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FIR lodged. How to proceed now? Go to court or settle with police?
05-Mar-2023 (In Criminal Law)
My wife has lodged an FIR against my father and my brother for abusing her and is trying to get a non bailable warrant issued against them. Kindly advise as to how do we proceed?
When I met the relevant Police officer, I was told that my brother and father have 20 days to respond / apply for an anticipatory bail.
What should we do now? Should we go to the court or settle this with the Police?
The best option available to you is to file a petition for anticipatory bail under Section 438 of the Code of Criminal Procedure, before the competent court. This should be done as soon as possible before the warrants are issued against your father and brother. If the said Non-bailable warrants are issued, then you shall have to apply for regular bail after the arrest.
However, we also need to know the contents of the FIR and under which Sections have you been charged so as to provide you complete assistance in this matter.
We would like to mention that this matter cannot be settled with the Police as they are not competent to grant bail and the same has to be applied for in the court.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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