Crl. case still in trial stage. illegal arrest in 2012
V.N.K. MENON
(Querist) 11 June 2018
This query is : Resolved
Police had arrested my friend in 2012 without complying the provisions of S-41A CrPC, i.e. without issue of notice. The I/O also alleged absconding whereas he was taken from his workplace. Magistrate also refused to hear my friend who requested to examine location of I/O’s mobile as he was refused bribe. My friend was remanded to J/C. Sessions observed that it is a civil matter and released him from J/C.
QUERY: [ MATTER IS STILL IN TRIAL STAGE]
(1) Whether the matter is time-barred
(2) Whether he can file infringement of fundamental right by police under art-32
(3) how will I proceed against ACMM who is hand-and-glove with I/O. [Case reference: Arnesh Kumar vs. State of Bihar]. In another case; though it is wrong, yet it is pertinent to point out that a witness had thrown chappal on the said ACMM for his biased behaviour.
Dr J C Vashista
(Expert) 13 June 2018
How you are concerned with the case slapped on your friend?
Did your friend/accused discuss with his/her lawyer, who is better informed than what you have mentioned in your statement containing limited facts of the case?
V.N.K. MENON
(Querist) 13 June 2018
Dr. Sir,
I appreciate your reply, but hope your goodself would not feel otherwise if I put the things straight:
(1) First question has no substance as to how I am concerned with the case slapped on my friend; for the simple reason that he my friend and my concern is genuine and valid as a friend.
(2) His lawyer discusses matters with me as well. I am also a qualified advocate (BUT NOT PRACISING NOW-A-DAYS) and thought it is in the fitness of things to discuss / seek collective wisdom/views of other lawyers and also the principle that one cannot be judge in his own case.
(3) *** Main query is whether the matter will be taken as time barred despite the fact that the matter is at trial stage.
(4) FOR THE SAKE OF BREVITY I HAD NOT MENTIONED that the allegations against my friend is forgery of property documents. In fact Government FSL had exonerated him of forgery in terms : “not able to fix authorship” on my friend on the basis of Q/D & S/D submitted by I/O to them. ACMM had also stated that he had gone thru documents, whereas Sessions had commented that it is a matter of civil nature. This FSL report was suppressed by I/O.
Though not admitted right, recently a person had thrown chappal on the said ACMM because of his biased behavior for extraneous considerations.
