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Query regarding Jurisdiction of court for filing of Anticipatory Bail


27-Feb-2023 (In Criminal Law)
A man has been charged with NDPS Act at Aurangabad and a complaint from his wife regarding Domestic Violence at Nagpur. My client has decided to file an application for the grant of anticipatory bail u/s 438 of Code of Criminal Procedure, 1973 seekingnprotection from arrest under both the complaints. I want to know where the Application for Anticipatory Bail should be filed?
Answers (5)

Answer #1
990 votes
1. For NDPS Act FIR or complaint is registered at Aurangabad then Sessions Court of Aurangabad is jurisdiction for Anticipatory Bail 2. For Domestic Violence case you cannot move an application for Anticipatory bail to respective jurisdiction
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Advocate Harshad Garud

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Answer #2
933 votes
There is no arrest in domestic violence case but you will have to represent yourself there either personally or though a counsel. As for NDPS bail, there is a bar under NDPS Act for anticipatory bail so you cannot file anticipatory bail
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Advocate Mohd Atik Iqbal

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Answer #3
636 votes
Well, you need to file 2 separate applications of ABA before the Nagpur Sessions Court because only the Sessions Court and the High Court have the power to grant Anticipatory Bail under Sec438 of CrPc. Also in DV cases under the wife has filed a criminal complaint or an FIR against you under section 498A of IPC ,ABA needs to file to protct the husband from being arrested as an apprehension of arrest can me made out. Regards, Adv Aarti R. Dharamsey
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Advocate Aarti R Dharamsey

Adv. Aarti R Dharamsey

LawRatoMumbai | 25+ Answers
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Answer #4
748 votes
You have to seek the Anticipatory Bail for your client from either concerned Sessions Court or the High Court of the concerned State where FIR has been lodged for the offences committed under the respective acts mentioned above.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #5
899 votes
You should first file the application for anticipatory bail before sessions court. You should file the application with judgements supporting the case If it gets rejected, then you should file anticipatory bail before High Court
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Advocate Anoushka Goyal

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LawRatoMumbai | 25+ Answers
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