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NBW Is Issued U/S 498A, 323, 504 & 4
14-Nov-2024 (In Family Law)
NBW Is Issued U/S 498A, 323, 504 & 4 against me, my wife and my mother by my younger brother's wife. We didn't receive any summons and BW but a few days ago it came to our knowledge that NBW is issued against us. Someone suggested to me that i have two options first to Submit a bail request in district court or submit a petition against NBW in Allahabad High court. Please suggest the best and prompt solution. Thanks
Given NBW issuance under Sections 498A, 323, 504 & 4 without summons or BW, consider:
*Option 1: Anticipatory Bail (District Court)*
- File anticipatory bail application under Section 438 CrPC.
- Chances of grant are higher in district court.
- Quick relief from arrest.
*Option 2: Quashing of NBW (Allahabad High Court)*
- File petition under Section 482 CrPC to quash NBW.
- High court may grant stay on NBW.
- More time-consuming, but potentially more effective.
*Recommended Approach:*
1. File anticipatory bail in district court immediately.
2. Simultaneously prepare petition for quashing NBW in High Court.
3. If bail denied, move High Court promptly.
*Consult an experienced criminal lawyer* to guide you through the process.
*Key Considerations:*
- Time is crucial; act swiftly.
- Gather supporting documents and witnesses.
- Be prepared for potential arrest.
*Act Now* to protect your rights and avoid unnecessary complications.
Helpful?
Adv. Roshan Khatri
Lucknow | 25+ Answers
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The prompt solution is to safeguard you and your family is to file the chargesheet quashing before Hon'ble High Court Judicature at Allahabad. the Hon'ble Court may send the matter to the mediation centre for settlement of the dispute between husband and wife.
Helpful?
Adv. Saubhagya Mishra
Lucknow | 100+ Answers
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first a summons will go then a warrant will go before the issuing court. the nbw enables the police to arrest without warrant then the concerned court will see whether to give bail or be remanded to custody
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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without giving summon nbw cannot be issued
kindly share your nbw may it is conditional
you will get bail same day by court kindly contact me and let me know more about your case and situation so I can help
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Adv. Amit Pandey
Lucknow | 400+ Answers
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Maine aapki request padh liya hai detail bataen Taki Main Aur acche se aapki Hai madad kar Sakun bilkul aap mbw ke against Highcourt move kar sakte hain Magar usse pahle Payal ki stage kya hai aapki aur aapki family ke upar kya allegation Lage Hain yah dekhna hai mbw ke against janne ke liye bhi Hamen Ek ground ki jarurat Hogi to uske liye file study jaruri hai
Helpful?
Adv. Antra verma
Lucknow | 50+ Answers
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