• Is this equivalent of arrest stay?

Hi Experts,

My wife, living separately with my baby at her will, recently filed a false 354-B,452,323,504,506 against me and my brothers. She did so because she was asking for too much money which we couldnt afford to pay. Further, she has been living in delhi but filed her case from Hapur in UP.

We approached Allahabad HC. They heard our matter and gave us the following judgment. Plz help me understand the following after reading the judgement - 
1) is this an arrest stay for 30 days?
2) if not, what does it mean? does it provide any relief to me?
3) Can she add 376 to the FIR now and make this judgement irrelevant? (she has mentioned 376 against me and my brother in her statement)
4) if she can, what would happen? what do you reco overall basis this case?

Judgement below - 

"This writ petition has been filed by the petitioners with the prayer to quash the F.I.R. in Case Crime no. XYZ of 2015, under sections 354-B,452,323,504,506 IPC, P.S. Hapur, district- Hapur. 
From the perusal of the F.I.R., it appears that on the basis of the allegations made therein, prima facie cognizable offence is made out. There is no ground for interference with the F.I.R. Therefore, the prayer for quashing the impugned F.I.R. is refused. 0

However, considering the nature of the allegations made in the F.I.R. and submissions made by learned counsel for the petitioners, it is directed that in case the petitioners appear before the court concerned within thirty days from today and apply for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid by the Seven Judges' decision of this Court in the case of Amrawati and another Vs. State of U.P. Reported in 2005 Cr.L.J. 755 as well as judgment passed by Hon'ble Apex Court in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 
It is further provided that if the investigation in this matter has been completed and police report under Section 173(2) Cr.P.C. has been filed, the petitioners shall not be entitled to any benefit of this order. 
With the above directions, this petition is disposed of finally"

Plz help.
Asked 1 year ago in Criminal Law from New Delhi, Delhi
Religion: Hindu
1) is this an arrest stay for 30 days?
It can be construed as stay for 30 days within which you should utilise the option to get enlarged on bail from the concerned magistrate court.


 2) if not, what does it mean? does it provide any relief to me?
The relief is there in it that though the quash petition has been dismissed you are given an opportunity to get enlarge on bail within 30 days, which indicates that the police cannot arrest you within the said period.



3) Can she add 376 to the FIR now and make this judgement irrelevant? (she has mentioned 376 against me and my brother in her statement)
She cannot do so now since she has already included the ingredients i her complaint bu the police have not take cognizance for that offence. She has to apply before magistrate court a petition  for re investigation and to include the same by invoking section 173 (8) cr.p.c. 



4) if she can, what would happen? what do you reco overall basis this case?
After following the procedure she has to prove before the court as to what is the reason for inclusion with documentary evidence for those charges. supporting her claim.
T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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1. This does not provide any relief to you in as much as the stay has not been ordered on arrest. You have been directed to approach the lower court which in turn has been directed to decide on your bail as expeditiously as possible. So you should move the lower court without any further delay to preempt your arrest.

2. If 376 is added subsequently you will have to seek bail afresh unless it is filed before you apply for bail in the lower court. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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court gave you an opportunity to appear in court for bail within 30 days from the date of this order. if you applied for bai then bail shall be decided on the same day. it is not mandatory for the court to grant bail. 
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
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If you applied for bail and it is dismissed then you have to go in judicial custody. if you applied for bail after submission of charge sheet from police then you have to go in judicial custody then you may apply for bail.
Shivendra Pratap Singh
Advocate, Lucknow
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41 Consultations
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it is arrest stay in indirect means but should consult  a lawyer and apply for bail.  
Shivendra Pratap Singh
Advocate, Lucknow
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1. By this order there is stay on your arrest for the next1 month.
2. During that time you have to apply for regular bail in the lower court which will determine whether you will get bail or not.
3. Till that order is passed by court police can't arrest you.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0

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