You can seek transfer of investigation to some other body or police station at some at neutral place where in the Investigation is not influenced.
Stay on AB is not available high court may protect you pending the transfer petition.
A very politically influential person filed an FIR (issue of facebook posting)against me in a distant state.I got interim bail from sessions court of that state,on the condition to appear before IO,before 1 month. But i fear going to that particular place to cooperate with the investigation,because the police can be influenced by him, and i fear harassment .Anticipatory bail application is pending for final hearing in sessions court , and as per order, i need to directly appear for the hearing. In this situation , what can i do ,so that my application is not rejected ? (since i cant go to that place due to dangers ,and fear of police being influenced.high court is also in same place.hence cannot approach ) . If i file in supreme court for granting transfer of court to my home state,by giving reasons, can i avoid police interrogation in the current place where case is now ? Also how can i ask for a stay on AB application, in the sessions court, so that it is not rejected ?
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Lawyers are available now to answer your questions.
You can seek transfer of investigation to some other body or police station at some at neutral place where in the Investigation is not influenced.
Stay on AB is not available high court may protect you pending the transfer petition.
You must comply with orders passed by sessions court
2) cooperate with investigations appear before IO
3) if you don’t appear your Anticipatory bail application would be rejected
4) you can later apply for transfer of case in SC on grounds that complainant is influential figure
If you will not go to I. O for joining the investigation then court will dismiss your bail application.
And it will go against you even if you Will go to High Court.
You should go there once if you feel unsafe move an application to that illaqa SUPERINTENDENT OF POLICE that video order dated I granted interim anticipatory bail but provide me police protection as the complainant is mighty person and threatening me to kill
Supreme Court will not entertain your application on this grounds. You can try in SC but you need to prove that there is real threat to your life. You can take direction from supreme Court that your presence may not be necessary for last hearing
If you will not cooperate , AB will definitely reject.
Presently, case is under investigation, no transfer will order by court. File protection application court siting danger to life if went to that place.
You can seek a transfer of the trial from the High Court in case you want to get a transfer within a state and from the Supreme Court if in a different State. Danger to life would be a valid ground to seek a transfer.
File transfer petition in Supreme Court.
Apply high court for speedy disposal of your anticipatory bail application.
Dear
You should appear before IO as directed by the sessions court or your Interim bail can be cancelled and you may have to face custody due to this act.
You can file a transfer petition before Supreme Court on ground of life threats and influence of complainant on Investigation agency.
I have a medical condition that prevent me from going directly to the police station,located in the far away place ,which is unsafe for me due to many reasons.But i am willing to join the investigation.Can i ask for any other method,emails or through phone calls,to cooperate with investigation? Has any methods like that ever being used in any cases ,anywhere in india?....Also,court has directed me to directly appear and show cause on the final hearing ,on why AB application should not be cancelled . In this situation,will the court accept ,if i dont appear and give a very valid reason for not appearing .
You can offer to be available for investigations through Skype
however if court has directed you to appear personally before IO then you must appear before IO
if you dont appear you would not be granted AB
Move a written application to I. O AND S. P explaining that I am suffering from disease medical attached.
For that you have to take help of doctor where doctor will advised you not to travel on medical documents.
On the basis of that S. P can send an I. O to you or if he will not send then you can show that application before high court and court wilwill give you some more time or direct I. O to join investigation at your place.
But for that there must be strong medical advice
You need to appear before the court.
You have to comply with orders of court, and that, you need to cooperate with the IO in his investigation.
If you fail to appear before court, your AB application will be rejected.
You appear before court, demonstrate to the court about your apprehensions and convince the court, if it is not convinced / considered your application will be rejected.
You have to move transfer application before Supreme Court.
To put it differently, anticipatory bail may be granted for a duration which may extend to the date on which the bail application is disposed of or even a few days thereafter to enable the accused persons to move the higher court, if they so desire.
The High Court and a Court of Session, have concurrent jurisdiction to grant anticipatory bail. There has been a judicial conflict as regards to the Court competent to grant anticipatory bail, when the place of commission of offence and the place of apprehension of arrest lie within two different states but the dictum accepted by majority of the High Courts is that that, a court of Session or the High Court having jurisdiction over the local commission of offense can only grant anticipatory bail.The High Courts of Rajasthan, Madhya Pradesh, Gujarat and Delhi have been firm on the legal position that a court within whose jurisdiction a person apprehends arrest for a non-bailable offence is competent court to grant anticipatory bail and a court has no jurisdiction to grant anticipatory bail to the petitioner against whom a case has been registered in another state.The Kerala High Court has also held that an arrest made outside the State will not be protected by an order under Section 438 unless the offense itself is alleged to have committed within the state. Whereas on the other hand, the Bombay High Court has taken a contrary view and held that if the offense is committed in one state but arrest is expected in another State, the High Court in the latter state can entertain application for anticipatory bail. The unique stand taken by the High Court of Karnataka and Gujarat regarding the same appears to be more suitable interpretation wherein it was held that:
“Sec 438 Cr.P.C. provides relief to the person apprehending arrest even though the court may not have jurisdiction to deal with the offence. He can seek relief in the court within whose jurisdiction he ordinarily resides. Anticipatory bail of limited duration can be granted with a direction to the petitioner to approach the court concerned. Thus an application under Sec 438 should be finally decided by only the court within whose jurisdiction the alleged offence has been committed.
Your case do not fall under the above category since you have already been granted interim bail.
You may have to get the bail application dismissed by sessions court as well as by the high court and then prefer an appeal before supreme court.
You cannot disobey the court orders.
Your medical reasons or any other reason has to be projected before court on the next date of hearing and get the conditions relaxed.
If you dont appear before the police for investigation, they may write to the court about it and seek cancellation of bail for this reason.
Suppose ,if the bail application is rejected in session court. Can i file a writ petition of certiorari , to the supreme court to transfer the case,instead of going to the high court ?If i do it as a suo moto petition, is there any possibility that it is accepted? If so,what is the format to apply ? And during this time ,my petition ( suo moto/through advocate) is pending , what can i do to avoid arrest ,if warrant is issued? Will the pending petition help me in this regard?
See it would be better to approach high court first as if SC rejects your petition then there shall be no way out.
Also file writ through advocate.
If no interim relief is there you can be arrested.
if your bail application is rejected by sessions court you can challenge said order in HC
2) for transfer of case from one state to another you can file petition in SC
3) better engage a lawyer for said purpose
4) during pend ency of your petition you may not be arrested
You can file a transfer petition before supreme court, but it will not be maintainable
What do you mean by suo moto petition, no such petition will be entertained by supreme court.
.If the bail application is rejected by sessions court, you may apply for bail before high court.
You will not be arrested till the application is disposed by high court.
OK,thank you all for the response. Now regarding the same case(a defamation case),I have a query regarding two court judgements . Can you please clarify this to me ? It says complaint of criminal defamation can't be made to the police directly.But in exceptions it says a public officer(police officer) can file the same complaint to the court,owing to the discharge of his duties and under the direction of the magistrate,an FIR can be filed- the complainant being the police officer. It means somebody can approach the police with a complaint and police can file FIR at the direction of the magistrate. This happens for every non cognizable case. So what is new in this judgement? Judgement Link: https://www.thehindu.com/news/cities/chennai/complaint-of-criminal-defamation-cant-be-made-to-police-directly/article21244970.ece Now another high court ruling is that police can't probe private defamation cases,Whatever has to be established has to be established by the complainant himself. Comparing with the first judgement where the complainant is the police officer himself,this means police has a role. So is this a contradictory judgement? Judgement Link: https://www.telegraphindia.com/india/police-can-39-t-probe-private-defamation-case-sc-says-in-rahul-rss-matter/cid/1493497 Courts say defamation is completely between private parties.But then how can a police officer be a complainant ? Is there something called 'public defamation'?
You have to lodge private complaint with magistrate under section 500 of IPC in case offence of criminal defamation has been committed by accused by maligning your reputation
The position of law is that only after the courts cognisance police will act in non cognizable cases. Police cant suo moto act in NC cases
you can file a defamation case in the respective District Court. For that, you have to file a draft complaint petitition stating your circumstances and annexing all your supporting documents.
Can i file a writ petition of certiorari - WILL dismiss.
Can file defamation complaint in court only. If magistrate feel so and require than can direct the police to register FIR and investigate.
- Since, your AB is pending before the session court , hence if you are feeling safe you then you should wait for the out come of the said application before joining the I.O. in that place.
- Further without getting order for rejection , you cannot approach the High court now , and further the same rule will apply , if you will apply Supreme court for transferring the said matter .
- Further, for an anticipatory bail , your appearance is not mandatory before the session court as well.
- However as the court has already directs you to appear before the court , then you should at least sent your reasons like medical to the said I.O. with a request to joining him online , and further you can also inform him for your inability to appear before him.
- However, if your AB application rejected , then you can approach the higher court on your genuine ground for taking bail .
A criminal defamation can be filed through private complaint with magistrate under section 499 and 500 of Indian penal code.
There is no court fees in criminal matters expect ticket fees.
if the charges are read with other criminal sections, then the police may register FIR for this defamation case along with commission of other crimes involved in this aspect