420, 406, section 41a, Absconding, AB not Applied, Squash petitio
My father filled insolvency petition on 10/12/2014 and police charged with 420 and 406 on 16/12/2014. due to the political pressure in my area from the respondents in the insolvency petition police had filled 420 and 406. one more thing i want to tell that complaint was given by one of the respondents of the insolvency petition. my lawyer at first asked us to go out of the town for 10 days and later he will apply for AB. but after he said that he did not apply for AB but applied for squashing of FIR on 24-12-2014. high court gave order to PS to follow 41a CRPC. and now my lawyer is telling that police cant arrest you and even now we are absconding because if we go to take the summons from police they may illegally arrest and as i said before because of so much of political pressure on police. even the respondents are very angry up on my father they even want to kill my father . Because of that fear we are absconding. our lawyer is telling that we will apply for AB later not now and if police file charge sheet and in that if they mention absconded then court may issue NBW and he is telling that he will recall it asking us to stay absconded
1. Now my fear is because of absconding weather police will get any right directly to arrest my father.
2. Absconding in future it may create more problem are not?
3. Can my father apply for AB now? And what is the chance of getting AB?
4. One lawyer is telling that they may arrest at any stage and one is telling that they will not.
5. Can we proceed for AB by showing the merit that absconded because of life threat
6. 41a crpc fourth clause will it be applied to a person who is protecting his life as his basic fundamental right. absconding and person unwilling to identify himself in fourth clause are same ?