See for the new added section in FIR file a separate petition for anticiaptory bail so that you are not arrest se in matter of same.
Adding new section after getting bail from high court
An FIR was lodged in Oct 2014 u/s 420/478/471etc.anticipatory bail was granted by Hon Pb and Haryana high court.. The police cancelled the FIR as it was a false politically motivated one. The court returned the cancellation for reinvestigation. The commission constituted by state govt also confirmed the cancellation .the complainant is an influentional person after approaching the police got added a new section ipc 409" to arrest the bailed out persons. Plz guide accordingly. Regards
Asked 4 years ago in Criminal Law
Religion: Hindu
9 Answers
file petition for quashing of FIR in HC
2) mention that earlier FIR was closed by police as no offence was made out
Please share the required documents for a concrete advise.
That is the FIR, closing report and AB order.
was the FR challenged before the court?
Regards
It's illegal you can approach the high court under writ jurisdiction
Without court permission person cannot be arrested once AB has been granted. An Accused on Bail Cannot Be Arrested on Addition Of New Offenses Without Order of The Court Which Granted Bail
You should approach the sessions court for getting anticipatory bail against the new section added by police on the influence of complainant where the FIR cancellation report has been already filed by state commission
Approach before high court and file for quashing under 482 Crpc. .
1. The anticipatory bail order is a protective umbrella only in respect of those offences for which the court has granted the protection to the accused.
2. If a new section gets incorporated in the FIR then investigating agency is at liberty to arrest the accused, hence the accused has to apply afresh for anticipatory bail .
If the newly added section has been added after obtaining AB then you may have to obtain AB once again or the police under the influence of the complainant may try to arrest you for the freshly added charges.
you can challenge the case in the trial proceedings on merits in your side.
