False FIR registered, anticipatory bail rejected, how to prevent arrest?

Tilak Marg Forum for Legal Questions Forums Family Law False FIR registered, anticipatory bail rejected, how to prevent arrest?

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    • #5519

      A false FIR has been registered against the family members and when we applied for the anticipatory bail in the high court it was rejected, what is the best way to go forward can we remove the names in the FIR in the high court or can we apply for bail in the supreme court? How can we prevent the arrest of the family?

    • #5526

       

      If the application for anticipatory bail has been rejected by the high court, then you can approach the Supreme Court for grant of the same by filing SLP before it. If the Supreme Court is convinced about the falsity of the FIR or otherwise convinced that it is a fit case to be granted anticipatory bail, it may order the same.

      If you are so advised, you can try to file a petition before the high court for quashing of the FIR, if no case is made out against you or your family members. However, generally, the chances of getting the FIR quashed at the preliminary stage are less. But, it depends on the facts of each case.

      Removal of the names of some specific accused persons from the FIR can also be possible by filing a petition before the high court for quashing the FIR qua those accused persons. But, as I mentioned above, generally such petitions do not succeed.

      Yet another method would be to provide the relevant evidence to the police officer investigating the case to prove innocence of the accused persons concerned or to show the falsehood of the FIR. If the investigating officer is convinced, he can file closure report in the case or drop the names of those accused persons from the charge sheet against whom there is no evidence to file charge sheet.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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