Anticipatory and regular bail
Bail and anticipatory bail before the Sessions Courts and the High Court, and the cancellation or modification of bail conditions.
Personal Defence
When an FIR, a complaint or an arrest touches you or your family, the first days matter. The firm acts in bail, quashing petitions, trials and appeals, in the Sessions Courts and the High Court of Chhattisgarh.
Overview
Anticipatory bail is sought under Section 482 of the BNSS (formerly Section 438 CrPC) from the Court of Session or the High Court, when there is reason to believe an arrest may follow. Where an FIR, read as it stands, discloses no offence or the proceedings are an abuse of process, the High Court can quash them under its inherent power in Section 528 of the BNSS (formerly Section 482 CrPC).
Personal cases often run in more than one court at once. A matrimonial dispute can bring a complaint of cruelty under Section 85 of the BNS (formerly Section 498A IPC) alongside proceedings in the Family Court, and a road accident can lead to a criminal case and a compensation claim together. What is said in one is often relied on in the other, so they are best handled together.
What the practice covers
Each heading opens onto a page that explains the law, the procedure and the forum in detail.
Quashing of FIRs and complaints
Petitions in the High Court under Section 528 of the BNSS, including where the parties to an established dispute have settled.
Trial defence, appeals and revisions
Defence at trial before Magistrates and Sessions Courts, and criminal appeals and revisions in the higher courts.
Matrimonial and dowry cases
Cases of cruelty under Section 85 of the BNS and dowry offences, together with the connected divorce, maintenance and custody proceedings.
Family disputes
Mutual consent and contested divorce, maintenance, custody and domestic violence cases before the Family Courts at Raipur and Bilaspur.
Accident and cheque cases
Road accident cases under Section 106 of the BNS and the compensation claims that follow them, and cheque dishonour complaints under the Negotiable Instruments Act.
Where the work is done
- Magistrate and Sessions Courts, Raipur and Bilaspur
- Family Courts, Raipur and Bilaspur
- High Court of Chhattisgarh, Bilaspur
- Supreme Court of India
Questions clients ask
What is the new section for anticipatory bail?
Anticipatory bail is now governed by Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 438 of the CrPC from 1 July 2024. You can apply to the Court of Session or the High Court if you have reason to believe you may be arrested for a non-bailable offence. The court may attach conditions, such as joining the investigation when called and not leaving India without its permission.
What is a writ petition in the High Court?
A writ petition under Article 226 of the Constitution asks the High Court to direct or correct the State, its departments or other public authorities. The Court can issue writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto, and other directions. It examines whether the authority acted lawfully, fairly and within its powers, rather than rehearing the facts as an appeal would.
How long does a mutual consent divorce take?
Under Section 13B of the Hindu Marriage Act, the spouses must have lived separately for at least one year before filing. After the first motion, the Act provides a six-month period before the second motion, which the court may waive in suitable cases following Amardeep Singh v. Harveen Kaur (2017). The overall time depends on the court's calendar and on whether the settlement terms are complete when the petition is filed.
What is the time limit for filing a MACT claim?
Section 166(3) of the Motor Vehicles Act says a claim must be filed within six months of the accident. While hearing a challenge to that provision, the Supreme Court has directed tribunals and High Courts not to dismiss claims as time-barred on that ground. Until the question is finally decided, it is sensible to file within six months wherever possible.
Do the police have to arrest me once an FIR is registered?
No. Registration of an FIR does not by itself require arrest. For offences punishable with up to seven years, Section 35 of the BNSS allows arrest only where the conditions in that section are met, and the officer must record reasons. In many such cases the police issue a notice of appearance instead. If you comply with the notice, arrest is generally not made unless the officer records why it has become necessary.
How do I check Chhattisgarh High Court case status?
Case status, cause lists, orders and judgments of the High Court of Chhattisgarh are published on its official website, highcourt.cg.gov.in, where you can search using the case number or party details. The listing of a case and the orders passed on each date are recorded there, although a certified copy remains the document to use in any further proceedings.
Discuss a criminal or family matter
Call, write or visit the Raipur or Bilaspur office to discuss a matter. Please do not send confidential documents until the firm has confirmed that it can act for you.
