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Procedure to get anticipatory bail
05-Nov-2023 (In Criminal Law)
what is the diff btw a "complaint has been filed against u" and "FIR"? v are told that a complaint has been filed come to police station along with adhar card and 2 photos.and what is the procedure for anticipatory bail? what is station bail? and I am confused complaint was filed at nampally ccs on 29th sep and ngo person called my brother for counseling on 6th oct after that nothing was mentioned and suddenly on 3rd nov v got a call from begumpet ps telling us about complaint n to get adhar card n photos. can a case get tranfd from one ps to another just like that? why 1 month time they took?
1. Complaint made before the Magistrate is Private Complaint and detail entry of an offence in the police diary is called FIR.
2. In your situation it doesn’t look they have made complaint before Magistrate. More likely a formal complaint filed against you with police as people often call FIR as Complaint.
3. The bail which is granted by police in bailable offences is called Station Bail.
4. You can obtain Anticipatory Bail from either Session Court or High Court under 438 Cr.P.C
5. Police files the case based on their Jurisdiction, if the offence committed in the said PS Jurisdiction, you can’t transfer the case from one PS to another.
Disclaimer: The response to your query is general in nature not a legal advice neither intends to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
2. In your situation it doesn’t look they have made complaint before Magistrate. More likely a formal complaint filed against you with police as people often call FIR as Complaint.
3. The bail which is granted by police in bailable offences is called Station Bail.
4. You can obtain Anticipatory Bail from either Session Court or High Court under 438 Cr.P.C
5. Police files the case based on their Jurisdiction, if the offence committed in the said PS Jurisdiction, you can’t transfer the case from one PS to another.
Disclaimer: The response to your query is general in nature not a legal advice neither intends to provide solutions to an individual problem. The response will not create any attorney-client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel in the relevant jurisdiction. The firm, its advocates and staff are not liable for any consequence of any action taken by the readers relying on information provided herein. The firm expressly disclaims all liability in respect of actions taken or not taken based on any contents of this page.
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Adv. Sameer Hussain
Hyderabad | 100+ Answers
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Hi
Looks like a marital case.
Dont go to police station(begumpet or nampally) without knowing the sections under which the complaint is filed.
Complaint will be converted to FIR at drop of hat by police. So take a lawyers help before going to police station
Looks like a marital case.
Dont go to police station(begumpet or nampally) without knowing the sections under which the complaint is filed.
Complaint will be converted to FIR at drop of hat by police. So take a lawyers help before going to police station
Helpful?
43+
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Adv. Rajagopalan
Hyderabad | 500+ 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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