police not issuing 41a crpc notice in 498a, 506 police not issuing 41a crpc notice in 498a, 506

3 years ago

police not issuing 41a crpc notice? It's been more than 2 months a false FIR filed with 498a, 506, IPC34, DPA. I am doubting police is misusing laws and planning to harass me more. what can be done to avoid arrest?
Should i go for anticipatory bail or quashing? what are the chances of getting these ? Can police arrest while decision is pending in court?

Anik

Responded 3 years ago

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A.Hi,
You can apply to the High Court for anticipatory bail under S.438 CrPC and to quash the case under S.482 CrPC.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
The High Court has powers to issues a writ of mandamus for the enforcement of fundamental rights. They can order the police to do their duty effectively. You can approach them under article 226 of our Constitution.
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Ayantika Mondal @ Prime Legal

Replied 3 years ago

You can apply for anticipatory bail and then apply to the High Court to quash the case under S.482 CrPC.

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Anik

Responded 3 years ago

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A.Hi,
You can file a mandamus writ petition to the High Court under Article 226 and order the police to take action.
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