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When can we apply for stay on arrest in Uttar Pradesh
19-Jan-2023 (In Criminal Law)
i am working in the army. a fake case of 307 ipc has been lodged against me. What is the procedure to apply for a stay on arrest since there is no provision of anticipatory bail in UP. the warrant has also been issued against me and i want to know the procedure of quashing as well. Kindly tell me in which court i can apply for stay on arrest since FIR is registered in Agra.
Well if you are on duty that time so far from that place you can file a writ U/s482 crpc in Highcourt for quashing FIR definatly if you have evidence then you can take benefits of alibi and Highcourt may quash FIR
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Adv. Deepak Kumar Sharma
Hapur | 25+ Answers
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You will have to file criminal application under 482 of CrPC before Allahabad High Court for stay on arrest as interim relief and for quashing as final relief. For this you need to have certified copy of FOR from the concerned court Navin territorial jurisdiction over the police station where FIR filed.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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You hav to obtain same day order from high court or apply for bail in high court allahabad also u should also hav to produce evidence that case is weak & false. .
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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Hello,
You are right when you say that there is no provision for Anticipatory bail in Uttar Pradesh. however, in order to take arrest stay you can approach the High Court under section 482 of the Cr.P.C., whereupon you can challenge the issuance of warrant and also request for quashing the FIR.
You are right when you say that there is no provision for Anticipatory bail in Uttar Pradesh. however, in order to take arrest stay you can approach the High Court under section 482 of the Cr.P.C., whereupon you can challenge the issuance of warrant and also request for quashing the FIR.
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Adv. Anilesh Tewari
Lucknow | 200+ Answers
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Allahabad High Court.
In absence of Anticipatory bail in UP. there is another option for stay on arrest invoking inherent Power.
You can further contact me. I deal in such cases in Allahabad High Court.
In absence of Anticipatory bail in UP. there is another option for stay on arrest invoking inherent Power.
You can further contact me. I deal in such cases in Allahabad High Court.
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