Legal Question in Criminal Law in India

cbi

if a case went from police to cbi,and now it is in 2 courts(cbi and police),now if cbi says we are innocent,should we still ask for bail at the court where police have filed.


Asked on 11/08/08, 1:52 am

6 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: cbi

The same case cannot be in 2 courts.

Read more
Answered on 11/11/08, 6:04 am
Shrichand Nahar S.V.Nahar, Advocate

Re: cbi

If CBI has already submitted Report U/s.169 Cr.P.C. to the Court, then no need to apply for bail.

Read more
Answered on 11/09/08, 12:42 am
NIRAJ KUMAR VERMA LEGAL EXPERTS

Re: cbi

If the matter is in two courts you need to get relief from both the court. You have not elaborated other vital issues whether any charge sheet has been submitted or not. You have written that "now CBI says you are innocent". This is not a legal term. Enquire whether you have been discharged in this case. If you are discharged of charges/offences/allegations in the Special Court (CBI in this case) you can go for discharge in the other court if the FIR sections are same.

NK Verma

#09334217032

Read more
Answered on 11/08/08, 2:43 am
Nasir Butt Nasir Law Associates

Re: cbi

Mere statement that you are innocent is insufficient. Order the court stating your discharge is necessary or alternative in case of regular trial, your acquittal is necessary.

Read more
Answered on 11/08/08, 5:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: cbi

You may seek 'discharge' in police case after CBI is seized of the matter.

Read more
Answered on 11/08/08, 8:18 am
Yanala LaknaReddy Law towers

Re: cbi

No case can be filed by two agencies. All police papers will be transferred to the CBI. If CBI files any papers before the court saying that you are innocent, there ends the matter.

Read more
Answered on 11/10/08, 7:58 pm


Related Questions & Answers

More Criminal Law questions and answers in India