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Remedy if IO is not arresting if the Anticipatory Bail is pending


27-Oct-2023 (In Criminal Law)
As per above sections Sessions court have rejected AB and accused have applied for AB in high court. But police is replying "we can not arrest accused because mater is in court". So can IO can not arrest accused if AB pendency in High Court? There is not any law or ipc section so that i can ask poice to arrest accused?
Answers (3)

Answer #1
661 votes
The IO is wrong. even if the matter is pending before the high court for anticipatory bail, IO has all right & powers to arrest the accused. IO has to arrest the accused. Moreover, if you are aware of the fact that the AB is pending before high court, you should engage a lawyer and appeared through him for early dismissal of his anticipatory bail. Compalainant has a right to argue before the high court in AB
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Advocate Aftabhusen A Ansari

Adv. Aftabhusen A Ansari

LawRato Ahmedabad | 25+ Answers
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Answer #2
762 votes
File writ before the high court and court will issue a direction or will pass an order ...your problem will be solved and you can also oppose by filing an cancellation of anti bail.... It will be solved
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Answer #3
968 votes
hi, the inspecting officer has a duty to arrest the accused if Anticipatory bail is pending in the court . The IO can not take the plea that matter is pending in the court if no such directions have been issued by the concern court . you can file application for status report in the concern district court . Thanks
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Advocate Ramit Sehrawat

Adv. Ramit Sehrawat

LawRatoDelhi | 400+ Answers
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