1. Till filing of the charge sheet the same will protect you from arrest.

2. Yes you are bound to join hands with the police in investigation once you come back.

3. Yes they can still claim.

4. You will get the AB, since the same happens to be a matrimonial dispute.

5. the same will not help much, it will be better if you want for the order of the lower court and if the order goes against you then go to the HC. It is never advised to exhaust the remedy of higher forum first.

6. Pursue the case before the lower court only.

Regards

1. Yes! It is protecting you from getting arrested and as long as you keep complying with the section 41-A crpc notice and cooperate with the Police in the investigation, you will not be arrested.

2. Yes, you are free to join your work. Do not be threatened by the Police or their notice(s) and since you have the High Court order by your side, they cannot arrest you whilst you keep cooperating with them in the interrogation.

3. This notice ought to have been personally served to you.But this time, since you have derived it's information, please comply with it.

4. No need to apply for AB. Since you have the High Court order by your side, you cannot be arrested in a routine manner as long as you keep complying the section 41 notice.

1. The quash order is based on the investigation report going to be submitted by IO before 30 days of the order date.

2. Police can not serve notice u/s CrPC 41a to your manager. Notice u/s 41a CrPC is a formal intimation to accused that they going to arrest accused on cognizable offence ( based on the inquiry ) . As long as you are co-operating for the investigation, police 'may not' arrest you.

3. You are always have freedom to defend youself and employer should not create any issues on your continue employment with them.

4. Summons/Notices can be served even through email Or to your advocate. Some times, IO can claim that they issued notice even via social media/email. I suggest you to face the issue instead of evading summon/notice. if you do avoid then you may have to face additional charges for absconding.

5. Getting order for AB is based on the investigation. So, co-ordinate with your present lawyer for more information. I doubt whether your AB petition would be entertained in high court. Here you did not mention the reason for why bail petition is getting postponed by the sessions court. can you be specific on this?.

** You may also discuss with us with all details.

Based on your wordings,

1. High court directed IO to investigate the complaint and submit the report which was already being investigated by police. As part of investigation based on the initial complaint, police served notice to you. Here I do not see any bypassing the procedure. What did you exactly mean by bypassing the procedure? .

2. You do not have to seek AB based on grounds of employment reasons.

3. Please share your high court order details and FIR details with me to understand better.

1) quashing order issued by HC would protect you from arrest

2) you can rejoin your company after vacation

3) you should have your statement recorded in Police station in response to notice issued to your manager

4) you should be granted AB from sessions court

Police are bound to comply with HC directions

You can take the plea that apex court guidelines were not followed while gong 498A case

You can make it your main ground for grant of AB

Hi

First off all let me make it clear to you that 41A crpc notice is just to call you for certain questions answers round. If police served you with 41A ,then their intention is not to arrest you. Arrest can be under very rare circumstances. I would suggest you to join the investigation and come clean hands before the judicial system.

You can join the job if your organisation allows you.

Good you attached the HC order in bail application. You will get benefits of it.

Thank You

Yes this can be the ground for getting bail.

Also please see if the police is not abiding by the order of the court then file an application for further orders (correct me if I am factually wrong)

You have a good ground to get bail.

Regards

1) the fact that IO has not followed apex court guidelines will help you in obtaining bail from sessions court

2) judiciary is over burdened abd disposal of cases take time

3) hence delay in disposal of your bail application

Since the police is acting in violation of order of SC, you will get the bail on this ground amongst other.

For getting justice you will have to wait a little, just see that no date is missed. Court takes this much of time to dispose of cases.

Regards

#feedback

You may contact me telephonically for further detailed discussion

Thanks and Regards

Please find my questions as below:

1) Can the quash order issued by High Court protect me from arrest?

Since the high court has already disposed the quash petition in the manner as described in your query, there is no protection to you from being arrested even if the procedures under the said provisions of law is followed by the police.

2) Can I join back my job as I am on vacation now(loss of pay) and since, the police has served CrPC 41a notice to my manager, will it enforce me to respond back to police notice once I rejoin my job?

The employment has nothing to do with this police complaint. Your manager cannot refuse you to join the office after vacation for this matrimonial dispute.

3) Police haven't got any written signed copy of their notice neither from me nor from anyone else.Can they still claim that they have served me the notice?

If police are not able to serve you the notice then they may procure a warrant from court to arrest you since you will be termed as absconding or gone underground.

4) What are the chances of getting the AB, if they claim that they have served me the notice? They have post-poned "the hearing on AB", a couple of times by not submitting the official FIR copy to the session court and court has warned them to submit the copy without any delay and finally they have submitted the copy on last Thursday. But, they are claiming that they have served me the notice and my advocate argued that it hasn't been served. Hearing is post-poned to some other date.

It depends on the proofs and merits, however since there is a legal action pending, your anticipatory bail application deserves merit.

5) Can I withdraw my bail petition in sessions court as there seems to be no time limit in disposing the petition and can file a new AB petition in High Court?

There is no legal impediment in it but ensure that you dont fall into the fire directly while jumping out of frying pan.

6) Any advice in this regards would be really helpful.

Be in touch with your advocate on all the developments

The bail application will be considered on merits.

The fault on the side of the police while handling the case and the urgency shown by them in this regard shall be an advantageous situation to you.

Joining duties has nothing to do with the pending bail application, you can join.

What actions I can take up, if sessions court continue to post-pone the hearing on my bail petition. (it's been more than 20 days since I have filed the bail petition on 15th Nov). I'm unable to attend my job and loosing my hard earned money and loosing hope on the judiciary system. Is this the way our Judiciary system works?

You should have a control over your anger, you cannot blame judiciary.

Your sufferings are due to to the corrupt people and not the system.

The judiciary has set out the rules in this regard properly but the people who responsible for enforcing it are reluctant.

If you find that this IO is arrogantly behaving then you ,may make a complaint about him with his higher officer, the IO is not an authority to decide the fate, he can be chided and controlled by his superior officers, if not you can approach even human rights commission if you find this IO is indulging in excess of his authority.

There is no problem in joining your duties pending bail application, who restricted you from joining your duty.

There is no relevancy in your questions from beginning.

Please share the copies of the documents pertaining your case to understand better and provide you proper legal solution.

Hi

Move ahead to file the bail application in High Court.

It is the normal procedure so do not worry about the arrest in my opinion police will not trust you and you will get the bail granted from the high court should take further steps.

Thank You

in case sessions court has rejected your bail application you cna challenge said order before HC

2) HC would release you on bail considering the fact that police has failed to follow apex court guidelines

1. File the same in the HC.

2. ask a Local lawyer about the view of the judge sitting in the bail jurisdiction and then file the petition for AB in high Court. As per me chances are bright

1. The said decision of the Supreme Court(wherein it was directed that every complaint received must be referred to the legal committee and any FIR must lodged only after perusing the report) has recently been stayed by a Bench of which Hon'ble J. Chandrachud was also a part.

2. Approach the High Court.

1. The court has passed an order to the police to follow the provisions of law as envisaged in cited case as pointed out by supreme court in that case.

2. This is usual and routine wordings, if you start asking meaning or definition then you will not get answer for many things.

3. All these things can be taken up only dring trial proceedings and not at the stage where the bail application is heard

4. You can aproach high court with the copy of the dismissal order by the lower court, the high courts are little liberal in granting AB