Advocate Abdul Kaleem

Frequently Asked Legal Questions

What is the process for applying for anticipatory bail?

To apply for anticipatory bail in India, a person fearing arrest must approach the Sessions Court or High Court under Section 438 of CrPC. The petition should include facts, reasons for apprehension, and supporting documents. After hearing both sides, the court may grant pre-arrest bail with specific conditions.

What should I do if an FIR is filed against me?

If an FIR is registered against you, consult an advocate immediately. Avoid tampering with evidence or contacting witnesses. You may apply for anticipatory or regular bail depending on the nature of the offense. Always appear before authorities when summoned and prepare your legal defense with proper documentation.

What happens after arrest? Can I apply for bail immediately?

After arrest, the police must produce the accused before a magistrate within 24 hours. If the offense is bailable, the accused can get bail from the police station itself. In non-bailable cases, an application must be filed before the appropriate court. The right legal assistance is crucial at this stage.

What is IPC 498A and how can it affect me?

Section 498A IPC deals with cruelty by a husband or his relatives towards a wife. It is a cognizable and non-bailable offense. Accusations can lead to arrest, social stigma, and court proceedings. However, if falsely accused, legal remedies like anticipatory bail and quashing the FIR are available through the courts.

Can a criminal case be withdrawn after filing?

Yes, a criminal case can be withdrawn under Section 321 of the CrPC by the Public Prosecutor with the court's permission. In compoundable offenses, parties can mutually agree to settle and withdraw the case. However, for serious or non-compoundable offenses, court approval is necessary for any withdrawal.

How long does it take for a charge sheet to be filed?

As per Section 173 of the CrPC, the police should file a charge sheet within 60 to 90 days depending on the seriousness of the offense. Delay beyond this can result in default bail. However, some complex cases may require extensions with court approval.

Is police verification needed for court cases?

Police verification is not required in all court cases. However, in criminal matters, the police submit investigation reports and verify parties or witnesses as part of the process. For anticipatory bail, passport issuance, or surety checks, verification may be essential.

What’s the punishment for cheque bounce under Section 138 NI Act?

Under Section 138 of the Negotiable Instruments Act, cheque bounce can result in imprisonment of up to 2 years, a monetary fine up to double the cheque amount, or both. A legal notice must be sent within 30 days of dishonor to initiate the complaint legally.

Can a false criminal case be challenged?

Yes, a false criminal case can be quashed by filing a petition under Section 482 CrPC in the High Court. You can also take legal action against the complainant for malicious prosecution or defamation if the allegations are proved baseless.

What are compoundable and non-compoundable offences?

Compoundable offences are those that can be settled between the parties, like simple hurt or defamation. Non-compoundable offences, like murder or rape, cannot be withdrawn or settled and must go through full trial. The list is specified in Section 320 CrPC.

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